Black mold in rental. Can I get deposit back?

By Tenant

Black mold is quickly becoming a legal nuisance because of the way it spreads and the health hazards that it creates. The good thing about it is that its life cycle is pretty much known to everyone so it’s easy to spot them. Mold, of any kind, thrives in moist places – fiber, ceiling, wall paneling, paint, cardboard boxes and tiles and so on. But the most ideal breeding grounds for mold would be in ceilings and walls because these are the places in the house that may get exposed to moisture because of a roof or plumbing leak.

Those who have lived with black mold can tell you the horror of sharing the same house with a monster. There were cases of asthma, allergy attack, nausea, hemorrhaging and chronic fatigue and so on. The only test available to determine if your health problems have been caused or complicated by black mold is if you get blood test results that confirms the presence of some black mold DNA.

What are the landlord’s responsibilities when it comes to black mold?

The warranty of habitability requires that landlords must maintain an environment that is safe and healthy for the tenants. This does not only pertain to structural maintenance but also in ensuring that the building does not pose any health hazards to the tenants. Unfortunately, the definition of the warranty of habitability is still quite foggy because it does not list all the possible issues that may be considered direct violations.

However, courts would usually apply it as a landlord’s responsibility to make sure that the building is free of black mold. They would usually rule in favor of the tenant if it was established that the black mold formed due to landlord’s negligence like a reported problem on leaks that was not fixed. The case would even become stronger if there was medical data to back the claims.

But the tenant will have an equal responsibility too. Black mold forms because of moisture so if there are no broken pipes or leaks and the black molds formed because you forgot to keep your apartment tightly shut, you create a lot of humidity or if you fail to maintain cleanliness, then the landlord can sue you instead.

Will I get my security deposit back?

This is a common question tenants ask when contemplating the idea of breaking a lease early because of unresolved mold issues. If black mold is already causing serious health issues or if the landlord did not take the time to take them off, then you may legally terminate your lease. To do that, you would need the help of a mediation company or a lawyer.

On the issue of the security deposit, you must refer to the original and most basic description: a security deposit is a deposit that will take care of the cost of repairs that are beyond normal wear and tear. So if you break the lease early, your landlord may not give you back your full security deposit if there are repairs that need to be done and these repairs are beyond the normal wear and tear.

If a refund has been denied you, you can ask the help of a mediator company like RPA. You can do this by accessing their complaint center or by using this link: http://www.rentalprotectionagency.com/complaint_center.php

How will you know if you have black molds in the house?

1. Smell it. Your nose is a very inexpensive mold detector. Molds produce a certain musty smell that your nose can easily detect.
2. See it. If you can smell mold, then next thing that you can do is to look for it. Use your eyes. From a distance, they would look like dirt but upon closer inspection, you would notice that they have some fiber-like characteristics that make them stand out from accumulated dust particles.
3. Feel it. Yes, unfortunately for some people, they start becoming sick even before seeing the mold. A professional may come in and test for molds if you are constantly getting sick but without visible signs of the monster.

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