When do landlords have to remove mold in Texas?

The law says that landlords in Texas have a duty to remove conditions that “materially affect the physical health or safety of an ordinary tenant” if all of the following are true: The condition was not caused by the tenant (renter), the tenant’s family, or the tenant’s guests; and

What to do when a tenant reports mold in your rental property?

If you know about a mold problem in your rental property, disclose it in writing and have tenants sign off on the disclosure before they move in. Better yet, fix whatever it is that’s causing the mold if it’s within your budget to do so. Your property will be healthier and your renters happier. Published Septe

Do you have to disclose mold in Texas?

Mold Disclosure Requirements in Texas. Texas doesn’t have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn’t impose a similar duty on landlords when it comes to mold.

Can a landlord be on the hook for a mold problem?

If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.

When do landlords have to pay for mold damage in Texas?

Texas law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant’s lease termination (unless the tenant owes back rent).

Is there a law about mold in Texas?

There is currently no federal law covering a landlord’s responsibilities when it comes to mold. Also, Texas doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.

Can a landlord withhold rent because of mold?

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.

Who is responsible for mold in an apartment?

Tenants have some duties to maintain their rental unit, so when a tenant’s own negligence is the sole cause of injury, the landlord is not liable. To avoid causing any mold problems, practice good housekeeping, such as ventilating your apartment. Mold Clauses in Leases