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). |
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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---
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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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