My apartment has mold. What are my tenant rights?

Mold is one of the most common — and most serious — habitability issues tenants face. Here's what you need to know about your rights.

Is my landlord responsible?

Yes, if the mold is caused by:
- Plumbing leaks
- Roof leaks
- Poor building ventilation
- Building design flaws
- Prior water damage not properly remediated

Maybe not, if the mold is caused by:
- Your own failure to ventilate (not using exhaust fans, never opening windows)
- Your own water damage (overflowing bathtub, etc.)
- Excessive humidity from your activities without mitigation

Health risks

Mold can cause:
- Allergic reactions (sneezing, runny nose, eye irritation)
- Asthma attacks and respiratory issues
- Headaches and fatigue
- Skin rashes
- In severe cases (black mold/Stachybotrys), more serious health effects

Steps to take

1. Document the mold — Take clear photos and note the size and location. If possible, note when you first noticed it.
2. Notify your landlord in writing — Email or certified letter. Describe the mold, its location, and any health symptoms you're experiencing.
3. Get a health evaluation if you're experiencing symptoms
4. File a complaint with your local housing or health department if the landlord doesn't respond
5. Consider legal options — Repair and deduct, rent withholding, or lease termination may be available depending on your state

State-specific notes

• California: Landlord must remediate mold. The "repair and deduct" remedy applies.
• New York: Mold violates the warranty of habitability. NYC has specific Local Law 55 addressing mold.
• Texas: Less protective, but serious mold may still violate habitability standards.
• Florida: Mold can constitute a material health hazard requiring remediation.