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by: Phillip Fry
Real estate
residential and commercial landlords, tenants, and rental agents in
the USA, Canada, and worldwide should take ten steps to avoid mold
problems and lawsuits in the rental of real estate properties,
according to Phillip Fry, Certified Mold Inspector and author of the
books Mold Legal Guide and Mold Health Guide.
Living or working in rental units that contain elevated levels of
airborne mold spores and/or substantial mold growth infestation can
cause very severe (and sometimes permanent) health problems to the
tenants.
Landlords have ethical and legal obligations to tenants to provide
an environmentally safe, habitable living space (residential
rentals) or workplace (office and commercial rentals). Those
obligations go unmet when a rental unit is mold-infested.
Landlords may have potential and substantial legal liability to
tenants for such compensatory damages as: expenses for medical mold
diagnostic and treatment procedures, loss of earnings, mold damage
to tenants' clothing and personal property, higher rent differential
if the tenants need to move to a mold-safe place, moving expenses,
any tenant-paid expenses (such as mold inspection, testing, and
remediation of the rental unit and tenant possessions), and punitive
damages (jury-awarded).
A Hayward, California, jury in 2004 awarded $4 million dollars in
damages because of mold infestation and other substandard living
conditions on behalf of 124 past and present tenants of an apartment
building whose owner failed to do proper mold remediation and
maintenance of the mold-infested apartments.
Take these ten steps for the mutual well-being of both the landlord
and the tenants---
1. A property owner or manager should not even offer the property
for rent until after a thorough mold inspection and mold testing of
the entire rental building or of individual rental units (prior to
rental) determines that the property is mold-safe for tenants to
live or work in.
2. Hire a Certified Mold Inspector (USA and Canada) for an annual
property mold inspection and mold testing, or at least use a
do-it-yourself mold inspection checklist and mold test kits for a
thorough mold examination and evaluation of the rental building.
3. If there has been a plumbing line break or leak, roof or siding
leaks, flooding, storm damage, or other water intrusion problems,
the building should be thoroughly and promptly mold inspected,
tested, and remediated as part of the water damage repairs and
restoration.
4. If mold inspection and testing uncovers visible or hidden mold
problems, the property owner or manager should immediately do safe
and effective mold removal and remediation. Hire a Certified Mold
Remediator (USA and Canada), or follow the recommended steps for
safe and effective do-it-yourself mold remediation. Re-inspect and
re-test (“clearance testing”) the building after remediation.
5. The building owner or manager should avoid hiding or camouflaging
mold problems by deceptions such as painting over mold growth;
concealing mold growth behind stored items, furniture, furnishings,
and decorations; and masking the distinctive smell of mold growth
with air fresheners and deodorizers. The smell of mold is from the
digestive gases of the mold eating the building materials.
6. A prospective tenant should inspect and mold test the proposed
rental unit (prior to the signing of a rental lease) with a
Certified Mold Inspector, or by using a do-it-yourself mold
inspection checklist, his sense of smell, a good flashlight, and
mold test kits to determine the mold status of the rental unit.
7. In doing such inspection and testing, the mold inspector (or the
tenant himself) should do an all-around physical examination of the
building for both visible and hidden signs of water damage and mold
growth. In addition, the inspector or the tenant should mold test
the air and visible mold growths in all rooms, the basement, crawl
space, attic, garage, plus the outward airflow from each
heating/cooling duct register.
8. Mold testing requires mold laboratory analysis and mold species
identification of the collected mold and air samples. In building
locations with previous floods or leaks, the examination should also
include fiber optics inspection to look inside water-penetrated
ceilings, walls, and floors for hidden mold infestations.
9. The landlord or rental manager should disclose in writing to all
prospective tenants any previous or present building water and mold
problems, and what the owner or manager has done, if anything, to
correct such problems. Attach these water damage and mold
disclosures to the rental lease agreement so that the tenant
acknowledges receipt thereof.
10. In consideration of, and based upon, the landlord’s accurate and
complete mold disclosure, and the tenant’s full and unrestricted
opportunity to inspect and test the rental unit thoroughly and
carefully prior to signing the lease, the lease agreement may
include a clause that releases the landlord, rental manager, and the
rental real estate agent/broker from all mold liability to the
tenant.
For more mold inspection, mold testing, and mold remediation
information, please visit:
http://www.certifiedmoldinspectors.com
http://www.moldinspection.com
http://www.moldinspector.com/mold_ removal.htm
http://www.bleach-mold-myth.com
About The Author
Phillip Fry is a Certified Mold Inspector, Certified Mold Remediator,
and author of the books Mold Legal Guide and Mold Health Guide.
moldinspector@yahoo.com
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2775 West Dickman Road, Battle Creek, Michigan 49037