The Texas Property Code requires a landlord to address and repair certain conditions that may affect the physical health and safety of a Texas tenant. In general, a Texas landlord must “make a diligent effort” to fix a problem when all of the following factors are met:
- A tenant must give the landlord sufficient notice of the mold issue to the person who regularly accepts the rent, e.g., a landlord or management company;
- The tenant must not be behind on their rent payments at the time the issue arises;
- The mold issue must be one that would have a “material” effect on the physical health, safety, and/or overall well-being of an “ordinary tenant”; and
- The tenant, a tenant’s family member, or a tenant’s guest did not cause the issue, e.g., mold, in question.
If these conditions are met, a tenant may notify their landlord of the issue, and the landlord should correct it.
What Are a Landlord’s Duties Regarding Mold?
As in the majority of states, the property laws in Texas outline various duties and requirements for Texas landlords. Specifically, a landlord’s duties include keeping the premises safe and making repairs as required by the condition of the property.
In addition, a landlord’s failure to comply with the duties and requirements of Texas property laws may lead to legal liability as well as penalties for the landlord. For instance, the Texas Deceptive Trade Practices Act requires landlords to disclose facts about a property that could strongly influence a prospective tenant’s decision to rent it. This includes disclosing knowledge about current issues with the property, such as mold infestations and/or water leaks.
In most cases, a landlord will provide this information to avoid any possibility of future lawsuits. Also, if a prospective or current tenant asks about any of these issues, a landlord must answer them truthfully.
However, a landlord may not answer truthfully, and a tenant may discover an issue that the landlord previously knew about. In this case, the landlord can face serious legal consequences for making false misrepresentations about the problem. This is especially true when it comes to issues with mold and toxins.
Does a Landlord Have a Duty to Remove Mold from a Rental Property?
The Texas Property Code requires a landlord to address and repair certain conditions that may affect the physical health and safety of a Texas tenant. In general, a Texas landlord must “make a diligent effort” to fix a problem when all of the following factors are met:
- A tenant provides sufficient notice of the issue to the person who regularly accepts the rent, e.g., a landlord or management company;
- The tenant is not delinquent or behind on rent payments at the time the issue occurs;
- The issue materially affects the physical health, safety, and/or overall well-being of an “ordinary tenant”; and
- The tenant, a tenant’s family member, or a tenant’s guest did not cause the issue (e.g., mold) in question.
One thing a landlord must be sure not to do is engage in self-help eviction to try to solve any issue involving a tenant and a mold problem. That would only add to their problems.
What if the Tenant Has Caused the Mold Problem?
In general, a landlord is not responsible for repairing mold damage if a tenant or a guest of the tenant’s caused the mold problem. The same holds true when a tenant or someone the tenant knows causes water damage to a property.
However, if the tenant did not cause the mold problem, Texas renters have several rights regarding mold, such as:
- A Texas tenant has a right to end their lease and move out if a landlord refuses to remove the mold;
- They may file a lawsuit against the landlord in a Texas court;
- They can hire a contractor to remove the mold and deduct the cost of the mold removal from their rent. It is important to note this remedy is only available under certain circumstances;
- They may obtain a court order to require the landlord to remove the mold;
- Various other remedies depending on the terms of their rental agreement.
Can a Landlord Rely on a Waiver to Avoid Repairing Mold Problems?
In general, a landlord may not rely on a waiver to avoid repairing mold damage. According to Texas state law, a landlord has a statutory duty to make repairs for certain conditions that a tenant can never waive. In other words, a Texas landlord has an affirmative duty to abide by these Texas statutory requirements regarding repairs in almost all instances.
One issue that frequently arises in connection with waivers is whether a landlord and tenant have agreed to specific terms or included a certain clause in a rental agreement, i.e., a lease.
While creating a lease agreement is clearly an acceptable practice, the terms of the agreement must comply with Texas state laws. Accordingly, any attempts to waive mold repair requirements in such an agreement can make it invalid or unenforceable regarding a particular term.
One important final note about waivers and repairing mold problems is that the Texas Property Code provides some exceptions. According to Chapter 92 of the Texas Property Code, a tenant may not waive requirements that affect the physical health or safety of the tenant unless:
- The landlord and tenant enter into an agreement that the tenant will repair or remedy any issues at the landlord’s expense;
- The landlord and tenant agree that a tenant repair or remedy problems at the tenant’s expense, but only if the following conditions are met:
- They agree at the beginning of the lease term, and the landlord owns only one rental unit at that time;
- There are no conditions that would affect the health or safety of the tenant at the beginning of the lease term;
- The landlord has no reason to believe that any health or safety issues would occur during the lease term; and
- The lease is in writing and uses specific and clear language;
- The landlord and tenant agree that the tenant will pay for repairs for any of the following conditions, but only if those conditions were not caused by the landlord’s negligence:
- Damage to doors, windows, or screens;
- Damage from doors or windows left open; and
- Damage from wastewater stoppage caused by foreign objects discovered in pipelines that exclusively serve the tenant’s unit.
Therefore, if a landlord and tenant wish to enter into a formal rental agreement, then it may be in both parties’ best interests to hire separate lawyers. A local Texas attorney can make sure that the agreement complies with the Texas Property Code and other state laws. A lawyer can also ensure that the agreement was formed in accordance with contract laws and that their client did not sign away any important rights.
How Long Does a Landlord Have to Fix a Mold Problem?
A landlord has a reasonable amount of time to fix a mold problem, and seven days is generally considered a reasonable amount of time. However, the court can consider a different length of time to be reasonable on the basis of the following factors:
- The date the landlord received the notice,
- The severity of the mold condition;
- The nature of the mold condition, and
- The availability of materials, labor, and the necessary utilities.
Generally speaking, after learning of a mold condition in a rental property, a landlord would want to respond promptly.
Can I Sue My Landlord for Mold Exposure?
One of the primary issues concerning mold damage is that it not only affects property but may also lead to injuries and/or illnesses. For instance, it can create new harm to people who were not previously sick. It can aggravate existing conditions that people might already have, such as asthma.
Toxic mold is a major concern if it is discovered in central air conditioning, heating, and/or other types of vents that pump air to the rest of the household. The reason why finding mold in vents is so dangerous is because it can spread through those vents and expose tenants to its toxins from simply breathing.
This can have a detrimental effect on several people involved in a single incident of exposure and can often spread to other parts of a building. For instance, if it spreads throughout an entire apartment complex or is found in other multiple-resident dwelling places like a condominium or co-op building.
Thus, if a landlord knew or should have known about a water leak or mold growth in a rental, then they might be legally responsible for any resulting injuries, health problems, and/or damage to personal property that was caused by the mold infestation.
A Texas tenant may also file a mold lawsuit in a Texas court. A judge or jury could determine that a landlord was negligent in their maintenance of the premises or made fraudulent misrepresentations about a serious mold issue. If this is the case, the landlord could potentially owe a significant amount in damages to an injured tenant. Damages received may compensate the victim for costs like medical expenses, lost wages, property damage, and pain and suffering.
Do I Need a Texas Lawyer to Help Deal With My Mold Problem?
If you are a Texas property owner who is experiencing issues with mold, then you want to consult a Texas landlord-tenant lawyer as soon as possible. LegalMatch.com can connect you to an experienced landlord-tenant lawyer who can recommend the best course of action to take and can assist you with whichever legal process you choose to resolve the issue.
