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Bad Property Management On Commercial Spaces

If you are a business owner or renter, there are a couple or several things to keep in mind so you and your employees can be protected from poor or bad management.

Mold thrives in warm, damp places and grows quickly in basements, attics, and other parts of buildings, especially if they have poor ventilation and humidity problems. Even though mold is mostly associated with buildings in warm, wet climates, no rental property is immune from a mold outbreak.

So yes, every landlord should take mold seriously. Especially in South Florida.

Here are a few things to consider about mold in rental properties and the rules for it in the state of Florida.

Landlord Liability For Mold: South Florida

No federal law currently covers a landlord’s responsibilities regarding mold. The state of Florida doesn’t have any laws that specifically address a landlord’s duties or liability regarding mold prevention and remediation.

So what’s the catch? Tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss.

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.

Mold Disclosure Requirements:

Statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers don’t exist in the state of Florida.

If someone decides to list a property for sale or rent, they need to be prepared to answer questions potential buyers might ask about plumbing, humidity, and ventilation issues in the property.

Landlord Legal Responsibilities for Tenant Exposure to Mold

Landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations. However, landlords can be held responsible for mold problems even absent specific laws governing mold.

No federal law sets permissible exposure limits or building tolerance standards for mold in residential buildings, but only a few states or cities have taken steps toward establishing permissible mold standards or guidelines and regulations for mold in indoor air.

Even if your state or city doesn’t have specific mold laws, your landlord could still be liable for a mold problem in your rental, as it is the landlord’s responsibility to provide safe and livable housing.

Depending on the situation, state law might give tenants options if the landlord fails to fix a serious mold problem or the tenants are able to file a lawsuit for mold-related health problems.

Landlords in all states except Arkansas are responsible for maintaining fit and habitable housing and repairing the rental property. This extends to fixing leaking pipes, windows, and roofs—the causes of most mold.

If the landlord doesn’t take care of leaks and mold grows; as a result, you might be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem.

It is very important to be as specific as possible when providing the landlord with written notice.  Vague or non-specific notices may not hold up in court.

• Identify which room the mold is located in and which wall or walls it is on. Use directional words such as “north wall” or “east wall” so that there is no confusion as to where the mold is located.
• Include photographs showing the location of the mold to further explain to the landlord what areas you are complaining about.
• After tenants have given the proper legal notice to the landlord, the landlord has 7 days to make the repairs. If the repairs will take longer than 7 days, then the landlord has to have started making the repairs within 7 days.
• Mold must be remediated in accordance with Florida law.  This means that landlords must use licensed mold remediation contractors that are fully licensed, bonded, and insured.
• A fully licensed mold remediation contractor will take all necessary measures to ensure that the mold is contained to a certain area by sealing off the contaminated areas.

Usually, the tenant cannot reside on the premises during the mold remediation process, and the landlord should arrange to pay for alternative housing arrangements during this time.

If the landlord has failed to properly remediate the mold during the 7-day period, then the tenant has the legal right to terminate the lease by doing so in writing.

Once the tenant has terminated the lease, the tenant is no longer responsible for paying the rent, and the landlord must return the tenant’s security deposit within 30 days unless the tenant has caused other damage to the property.

Landlords in all states (but Arkansas) are responsible for maintaining habitable housing for residential and commercial. They should be repairing the rental property when needed. If the landlord doesn’t take care of leaks and mold grows as a result, you might be able to hold the landlord responsible.