Mold in your rental property can be more than just an eyesore — it can be a serious health hazard. But what are your rights as a renter in Maryland?
While Maryland mold laws don’t really exist, that doesn't mean you're without protection. This comprehensive guide will break down everything you need to know about mold in rental properties in Maryland, from your landlord's responsibilities to your legal recourse options.
Let’s kick things off by explaining why mold can be an issue in the first place.
Why Is Mold a Problem?
Mold is a type of fungus that can grow in damp, warm places. It can cause a variety of health problems, especially for people with allergies or asthma. Some common types of mold found in homes include:
- Aspergillus: This type of mold can cause respiratory problems, such as coughing, wheezing, and shortness of breath. It can also cause skin infections and allergic reactions.
- Cladosporium: This type of mold can cause respiratory problems, skin infections, and eye infections.
- Penicillium: This type of mold can cause respiratory problems, skin infections, and allergic reactions.
- Alternaria: This type of mold can cause respiratory problems, skin infections, and eye infections.
- Stachybotrys chartarum (black mold): This mold causes severe health problems, including neurological disorders.
Signs and Symptoms of Mold Presence
Signs of a mold infestation can range from the obvious — visible mold growth or a musty odor — to the more subtle, such as water damage, condensation, or high humidity levels.
Early detection is crucial, as mold exposure can lead to a host of health problems, from respiratory irritation and skin infections to allergic reactions.
Vulnerable populations, such as children, pregnant women, older adults, and those with weakened immune systems, are particularly susceptible.
Common Areas Where Mold Can Develop
Mold can grow in a variety of places in your home, including:
- Bathrooms
- Kitchens
- Basements
- Attics
- Laundry rooms
- Crawlspaces
- Areas around windows and doors
- Underneath carpets and rugs
Health Risks Associated with Mold Exposure
Mold exposure can cause a variety of health problems, including:
- Respiratory problems: Mold can irritate the lungs and airways, causing coughing, wheezing, shortness of breath, and other respiratory symptoms.
- Skin infections: Mold can cause skin infections, such as rashes, itching, and burning.
- Eye infections: Mold can irritate the eyes, causing redness, watering, and itching.
- Allergic reactions: Mold can cause allergic reactions, such as sneezing, runny nose, and itchy eyes.
- Vulnerable populations: Children, pregnant women, older adults, and people with weakened immune systems are more susceptible to the health effects of mold exposure.
Importance of Early Detection
Early detection of mold is important because it can help to prevent health problems. If you see any signs of mold in your home, it is important to take action immediately.
You should contact a professional mold remediation company to have the mold removed safely and effectively. But what about your renter's rights with mold? To answer that question, we first need to talk about Maryland’s mold regulations.
Maryland’s Mold Laws, Regulations, and Tenant Rights
Navigating mold issues in rental properties can feel like a legal maze, especially in Maryland. The state doesn't have specific laws directly addressing mold. This means there aren't black-and-white rules on acceptable levels or required remediation methods.
However, while the state may be silent on mold specifically, legal protections are still in place for you as a renter.
Maryland does have some laws and regulations that address mold indirectly, such as the Maryland Clean Indoor Air Act and local housing codes that require landlords to maintain habitable premises. There’s also the implied warranty of habitability, which we’ll discuss now.
The Implied Warranty of Habitability
Maryland law recognizes an implied warranty of habitability. In plain terms, this means your landlord is legally obligated to provide a livable space — one free from serious defects that could harm your health and safety. While mold isn't explicitly mentioned, a severe mold infestation could certainly violate this warranty.
Precedents Matter
Even without specific Maryland mold laws, courts have dealt with plenty of mold-related cases. Take the case of Beverly Allen v. Breck Ridge Partners, LLC, for instance. In this case, a tenant sued her landlord for failing to address a severe mold problem that caused her family health issues and property damage.
The court awarded her a significant sum in damages, highlighting that landlords can be held responsible for the consequences of neglected mold.
Lessons from Beyond Maryland
While not binding in Maryland, cases from other states can offer valuable insights. In one California case, a court awarded a tenant over $2 million in damages due to the landlord's failure to remediate toxic mold.
This serves as a stark reminder that mold is a serious issue with potentially severe consequences, and courts are increasingly willing to hold landlords accountable.
Responsibilities of Landlords
Now let’s address the question, “Do landlords have to fix mold?” While Maryland mold laws aren’t a thing, that doesn't mean landlords are off the hook when it comes to this pesky fungus. Let's break down their responsibilities:
- Guaranteeing habitability: Landlords must ensure their rental properties are habitable. This means providing a living space that's safe, sanitary, and free from serious defects, including excessive mold growth that could pose a health hazard.
- Fixing mold: It's a landlord's responsibility to be proactive in preventing moisture buildup. This means promptly fixing leaks, ensuring proper ventilation, and addressing any other sources of moisture that could create a mold-friendly environment.
- Prompt response: If you, as a tenant, notify your landlord about a potential mold problem, they have a responsibility to investigate the issue and take action. This involves hiring a specialist to assess the situation and recommend a course of action. As we’ll explain in a later section, this can also be done by you.
- Open communication: Landlords should keep tenants informed about any mold remediation efforts, including the timeline and scope of the work. Transparency and open communication can go a long way in resolving mold issues amicably.
Tenant Responsibilities
While your landlord has a big role to play in keeping mold at bay, remember that you, as a tenant, have responsibilities too:
- Mold prevention 101: Keep your rental unit clean and well-ventilated. That means regular cleaning, wiping up spills promptly, and ensuring proper airflow. A little prevention can go a long way in keeping mold from taking hold in the first place.
- See something; say something: If you spot any signs of mold, don't hesitate to notify your landlord immediately. Remember, the earlier the detection, the easier and less costly it will be to address the problem.
- Document everything: Take pictures or videos of the moldy areas, and keep a record of any conversations or correspondence with your landlord about the issue. This documentation can be invaluable if things escalate and legal action becomes necessary.
- Communication should be a two-way street: Be clear and specific when communicating with your landlord. Explain where you found it, how much there is, and any other relevant details. Remember to include those photos or videos you took.
- Follow-up: If your landlord doesn't respond promptly or take adequate action, don't let the issue fall by the wayside. Follow up with a written notice, reiterating your concerns and requesting a resolution. If necessary, seek legal advice to understand your options.
Inspections and Tests for Mold
Taking swift and informed action is crucial for protecting your health and ensuring a safe living environment. Let’s talk about what mold inspections are like:
When to Call for an Inspection
- Visible mold: If you spot any fuzzy patches, discoloration, or other signs of mold growth, it's time to raise the alarm. Don't wait for it to spread or worsen.
- Musty odors: That telltale "old basement" smell can be a strong indicator of hidden mold. Trust your nose and investigate further.
- Water damage: If you've experienced a leak, flood, or any other water intrusion, mold could be lurking. Even if the area appears dry, it's worth checking for hidden moisture and potential mold growth.
- Health concerns: If you or your family members are experiencing unexplained respiratory issues, allergies, or other health problems that could be linked to mold exposure, a professional inspection is warranted.
How to Request a Mold Inspection
- Notify your landlord: Reach out to your landlord in writing to report your concerns and request an inspection. Be sure to keep a copy of your communication for your records.
- Get it in writing: If your landlord agrees to an inspection, request a written confirmation that outlines the scope of the inspection and the timeline for addressing any identified issues.
- Don't DIY it: While you can purchase home mold test kits, it's advisable to hire a professional mold inspector. They have the expertise and specialized equipment to accurately assess the situation and recommend appropriate remediation measures.
What to Expect During a Mold Inspection
A professional mold inspection typically involves:
- Visual assessment: The inspector will thoroughly examine your home, looking for visible signs of mold growth and potential sources of moisture.
- Moisture mapping: Using specialized tools, they can measure moisture levels in various areas of your home to identify hidden dampness.
- Sampling (if necessary): In some cases, the inspector may collect air or surface samples to identify the types of mold present and the extent of contamination.
- Report and recommendations: After the inspection, you'll receive a detailed report outlining the findings and recommendations for remediation, if necessary.
Renter’s Insurance and Mold Claims
Mold damage can be a major headache for renters as it can lead to expensive repairs and even relocation costs. Thankfully, a renter’s insurance can help cover the costs associated with mold damage.
Coverage Options and Limitations
Many renter’s insurance policies exclude mold damage unless it is the result of a covered peril, like a burst pipe. Coverage often varies significantly between policies. Because of this, there are some important limitations to be aware of:
- The cause of the mold: Coverage typically applies to mold caused by sudden or accidental events, such as a burst pipe or roof leak. Mold caused by gradual or chronic moisture problems, such as poor ventilation or condensation, may not be covered.
- The extent of the damage: Renter’s insurance policies typically have limits on the amount of coverage for mold damage. These limits may vary depending on the policy.
- Deductibles: Most renter’s insurance policies have deductibles for mold damage claims. This means that you will be responsible for paying a certain amount of money out of pocket before your insurance company starts to pay.
Legal Recourse and Compensation
Has your landlord been dragging their feet on fixing that mold problem? You've documented everything, notified them repeatedly, and still, nothing… Fortunately, you're not out of options. It's time to explore your legal recourse:
Escalating the Issue
First, consider sending your landlord a formal demand letter. This clearly outlines the problem, your requests for remediation, and the potential consequences of inaction (like legal action or rent withholding).
Small Claims Court
If your landlord remains unresponsive, you can take them to small claims court. This is a less formal setting where you can present your case and seek compensation for damages caused by the mold.
Also, according to Maryland's Real Property Article 8-211, tenants are allowed to place rent in escrow if landlords fail to repair serious conditions, including mold.
Pro tip: In Maryland, you can sue for up to $5,000 in small claims court. While legal representation is optional, it is not mandatory, making this a more accessible option for tenants.
What Kind of Compensation Can You Get?
If the court rules in your favor, you may be entitled to various types of compensation, including:
- Reimbursement for mold remediation costs: This could cover the expense of hiring a professional to clean up the mold.
- Reimbursement for property damage: If the mold damaged your belongings (clothes, furniture, etc.), you could be compensated for those losses.
- Medical expenses: If you can prove the mold caused health problems, you may be able to recover medical costs.
- Pain and suffering: In some cases, you may be awarded damages for the physical and emotional distress caused by the mold exposure.
- Rent abatement or reimbursement: If the mold rendered your unit uninhabitable, you may be entitled to a reduction or refund of your rent.
Remember: Every case is unique, and the amount of compensation you receive will depend on the specific circumstances of your situation.
Get Legal Help for Mold in Your Rental Property
For more complex cases or if you're seeking a significant amount of damages, you may need to file a lawsuit in regular court, even if Maryland mold laws are non-existent. This is where hiring an experienced attorney can be invaluable.
If you're in the Annapolis, Maryland, area and facing a mold-related legal battle, consider Christopher L. Beard. With a proven track record of success in personal injury cases, he's the lawyer you need in your corner.
Christopher L. Beard's Case Victories
- Wrongful death: $1.8 million was awarded for a case involving a tenant mistaken for a home invader and killed by a co-tenant.
- Water safety accident: $100,000 was secured for a client injured in a water park ride accident.
- Electrocution: $1.1 million was recovered for a wrongful death case involving an electrified water fountain.
Christopher L. Beard's impressive track record demonstrates his ability to secure substantial compensation for his clients. If you're facing a mold-related legal issue, he can help you fight for the justice and compensation you deserve.
Contact Christopher L. Beard today for a free consultation at (443) 569-3950 or toll-free at (888) 335-2899. You can also email him at chris@attorneybeard.com to learn more about how he can help.
