In the past few weeks there has been a bout of excessive rain and flooding in the Houston area. Overall, Houston is known to have high levels of humidity and frequent heavy rain. As a result, many homes and apartments in the Houston area foster the perfect environment for mold to grow. If you are renting or leasing a home and you have discovered a substance that appears to be mold, it is the responsibility of the landlord to make necessary repairs to remedy the issue.
According to, Section 92.056 of the Texas Property Code, “a landlord is liable to a tenant if the tenant has given the landlord notice to repair or remedy a condition, the condition materially affects the physical health or safety of an ordinary tenant, the landlord is given a reasonable time to repair or remedy the condition after receiving notice, and the landlord has not made a diligent effort to repair or remedy the condition after receiving notice”.
What to do if you think mold is in your residence?
Notify the Landlord in WRITING: Notify your landlord in writing that you have discovered a mold like substance that needs to be inspected and remediated. Specify a number of days the landlord has to take initial action to make repairs. Under Texas law, seven (7) days is presumed to be a reasonable amount of time.
Have Mold Inspected and Tested: Although, you have made a maintenance request to the landlord, employ an independent company to come into your home and inspect the affected areas and test the mold. There are several types of mold spores; some of them can be very detrimental to the health. It is best to know what type of mold is in your home and the health risks associated with that type of mold.
Monitor the Method of Repairs: Often times, Landlords fail to adequately remediate the affected areas. I have heard first hand of landlords attempting to spray bleach on mold as a method of remedying the issue. I have even heard of landlords attempting to paint over the mold in an attempt to conceal the mold. If you find that your landlord has failed to make a diligent effort to remedy the issue, you may be entitled to several remedies, such as: vacating the premises and terminating the lease, making needed repairs and deducting expenses from the rent, or filing an action against the landlord to make needed repairs.
Consult with an Attorney: Consult with an attorney to understand your rights and to ensure that your rights are being protected.
Attorney Krystin Collins is a native of the Acres Homes Community. She is a graduate of Texas Southern University Thurgood Marshall School of Law and has been a licensed attorney since 2009. Her primary practice areas are criminal defense, civil litigation, personal injury, estate planning, and divorce. She may be contacted at 713-775-0332 or firstname.lastname@example.org.