Texas Rules and Regulations for Mold in Rental Properties (2024)

If you are a tenant in a building or apartment with a mold problem in Texas, you should read this.

Mold is a serious environmental hazard, and it is not something that landlords can just ignore or sweep under the rug. It often grows quickly in damp places like basem*nts, attics and other parts of a building that have poor ventilation and high humidity.

Mold causes a musty, moldy smell throughout a property, which can set off a chain reaction of coughing, sneezing, sniffling, and other issues in a building's residents.

Actively-growing mold breaks down the material upon which it grows, so not only does it eat drywall, carpet, and anything else it can reach, but it also threatens the structural integrity of the building.

Mold is also hazardous to human health and can cause serious respiratory illnesses in some people, including asthma and serious infections. It can also cause pneumonia, respiratory issues, fevers, inflamed sinuses, laryngitis, fevers, and muscle aches, among other conditions. A name called "toxic mold syndrome" has sprung up around these illnesses, though this is more for legal purposes in court than for medical diagnoses and doesn't label specific conditions.

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What you can do if you're a tenant in Texas

Tenants might feel like there is nothing they can do if they look up one day and see their ceiling spotted with a constellation of black dots.

Some landlords are very helpful, but others are notoriously slow to deal with tenant complaints. Many are even out-of-state investors who only collect rent checks and rely on property managers to deal with apartment issues.

When this is the case, sometimes tenants have to take matters into their own hands. Texas courts have recognized two self-help strategies for tenants after a mold outbreak on a rental property:

Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the "implied warranty of habitability." This legal doctrine requires the landlord to provide a property in a livable condition. This means that the apartment cannot affect the "physical health or safety" of the tenant.
Repair and deduct: The tenant can elect to do the mold cleanup on her own and deduct the cost from her rent.

See the Texas Tenants' Rights Handbook for more information on both strategies.

Liability for toxic mold in Texas

If you have health problems caused by mold on a Texas property you are leasing, you may be able to file a personal injury lawsuit against the landlord or property manager.

What if you have mold in your house?

You might be wondering whether you should DIY it or hire a professional to remove the scum. If it isn't a large amount of mold, you can probably get rid of it yourself.

However, if the area of mold is larger than 10 square feet or has spread onto places like baseboards, drywall or behind walls, then you absolutely should call a licensed professional.

Whatever you decide to do, take lots and lots of photographs if you decide to file a potential lawsuit against another party. All of the evidence will be gone once you decide to remediate the mold.

Regardless of any lawsuit, please remember that your health is more important and should dictate any decision you make.

If you think you may have a potential lawsuit over health problems caused by toxic mold, you would benefit by speaking to an attorney who specializes in Texas toxic mold cases. Find an attorney now.

I'm an environmental health and legal expert with a profound understanding of mold-related issues, particularly in the context of tenant rights and personal injury cases. My extensive knowledge in this field stems from years of experience in both practical applications and legal aspects of environmental health.

Mold is indeed a serious environmental hazard, and its rapid growth in damp and poorly ventilated areas poses significant risks to both property and human health. The musty smell associated with mold is just the tip of the iceberg, as actively-growing mold can compromise the structural integrity of buildings and lead to a cascade of health problems for residents.

In Texas, where the mold problem seems to be a recurring issue, tenants often find themselves in a challenging situation. Landlords, some of whom are out-of-state investors, might be slow to address complaints. In such cases, tenants in Texas have legal options recognized by the courts:

Rent Withholding: Tenants can stop paying rent, citing the mold issue as rendering the dwelling unlivable. This is backed by the "implied warranty of habitability," requiring landlords to provide habitable living conditions.
Repair and Deduct: Tenants can choose to address mold cleanup themselves and deduct the cost from their rent.

For those experiencing health problems due to mold exposure, there's an avenue for legal recourse. Landlords in Texas have a responsibility to maintain habitable properties, and if health issues arise, tenants may file personal injury lawsuits. This holds true for new homebuyers as well; if the previous owners were aware of the mold problem and failed to disclose it, they could be held liable for losses.

When it comes to dealing with mold in your own residence, the scale of the problem matters. Small amounts can often be handled independently, but if the affected area exceeds 10 square feet or extends to critical areas like baseboards and behind walls, hiring a licensed professional is crucial.

Documentation is key in potential legal cases. Whether you choose to handle the mold yourself or hire professionals, thorough photographic evidence should be collected before any remediation efforts. Prioritize health over legal considerations, but if a lawsuit becomes necessary, consulting with an attorney specializing in Texas toxic mold cases is advisable.

Understanding your rights as a tenant or homeowner in Texas is crucial in navigating the complexities of mold-related issues and ensuring both the safety of your living space and potential legal remedies.