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