Who is responsible for toxic mold cleanup?

On Behalf of | Aug 24, 2019 | Premises Liability |

Mold in the home can be a very serious issue for people with allergies or asthma. Certain types of mold are considered toxic, and when spores make their way around a living space inhabitants may experience a range of respiratory issues. There are often questions about whose job it is to undertake mold remediation in a rental home, which can lead to legal disputes. 

According to the State of New Jersey Department of Health, tenants in rental properties are encouraged to contact their building code offices to discuss any unremedied water leaks, which play a major factor in mold growth. While there are no specific regulations governing mold growth, landlords must make the proper repairs to ensure a building is indeed inhabitable. If the issue is still not resolved, renters must consider whether to seek legal counsel, which can help them build a case against a building owner. 

If this is a step you’re considering, you should first be aware of common situations which may result in mold in the home. According to Landlordology.com, who is ultimately responsible often has much to do with where the mold is growing. Going back to the issue of water leaks, problems with plumbing and pipes located in the walls of a home can easily result in mold growth. Mold thrives in dark, damp environments, which is why it’s crucial for landlords to address all plumbing issues immediately. Mold growth in the basement may also be considered a responsibility of the landlord if leaks remain unfixed. 

In other situations, the tenant bears responsibility. This is often the case when mold is found on bathroom tile. This points to a tenant’s lack of care in the space since he or she would be ultimately responsible for cleaning up moisture after showers or baths. Tenants may also be considered responsible if their actions lead to mold growth. For instance, leaving damp towels or laundry the floor on a regular basis can result in the presence of mold.