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Understanding your rights as tenants of a property is important when it comes to mold and indoor health concerns

Tenants in many states have rights when it comes to situations involving mold, water damage, lead, asbestos and other contaminants affecting their health at their home or business. It is important to understand these rights so that your landlord does not take advantage. The articles listed below contain information, interpretation and excerpts from written law in the applicable state. Such subjects as tenant and landlord rights, warranty of habitability, rent deduction or withholding for repair and others are discussed.

Please click on your state from the list to the right or click on an article below to learn more about your rights as a tenant.




California Tenant Rights with Asbestos and Asbestos Dust

California is known for its amazing weather, beautiful scenery, and abundant natural resources. However, one of those resources can be damaging to your health. What many residents are unaware of are the harmful side effects of asbestos fiber inhalation.  This fiber occurs naturally and is also used in the manufacturing of several consumer products. These products consist primarily of building materials used for insulation and other means. When left undisturbed, asbestos fibers can be harmless. However, when this material begins to break down and become airborne, it can have a catastrophic end. One of the many industries that may not follow the guidelines established by the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration is that of …

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New Jersey Tenant Rights with Lead and Lead Paint

When you decide to become a renter in the state of New Jersey, it is suggested that you understand fully your rights as a tenant in this state. For many the exhaustion of looking for a new home can result in them missing some necessary aspects of safe renting. Lead exposure for example can occur on a rental property and it is important to determine the responsibilities of your landlord in regards to this. Lead poisoning is incredibly dangerous and causes a variety of health issues, especially for children. For this reason it is necessary to know how safe your indoor environment is when picking out a place to rent. When someone is exposed to lead at a high level …

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Nevada Tenant Rights with Asbestos

In the state of Nevada, renters of both apartments and/or homes need to be aware of their legal rights pertaining to asbestos. The dangerous health effects of asbestos exposure have long been documented, and several national, state, and local ordinances can help tenants to avoid asbestos and recover damages from asbestos-related illnesses. Tenant laws can sometimes be difficult to navigate, and health effects from asbestos, such as lung cancer and mesothelioma, are often not detected until years after exposure.  Before delving into the laws about asbestos, including rental lease laws, understanding what asbestos is, and why it’s so detrimental to human health should be explained first. What is asbestos? Asbestos is a mineral made of long strings of fibrous crystals. …

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South Carolina Tenant Rights with Mold

South Carolina is a state known for its history, which dates back well before the Revolutionary War. Today one of its largest cities, Charleston, is considered a diverse cultural center. Many flock to this region for its beautiful, sandy beaches and costal islands. South Carolina is known as the “Swamp State” due to its marshy areas where rice is able to grow, but many people are still unaware of what else may be growing in their own home. Mold, considered to be an air contaminant, needs only moisture to flourish, so the state of South Carolina, with its humid conditions, is the perfect breeding ground for toxic mold. This information is especially important for those that are planning on renting …

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North Carolina Tenant Rights with Mold

Renting an apartment or house in North Carolina can be stressful enough without having to think about fungi. Tenants must struggle with a multitude of factors in their potential rental property, from the personality of their neighbors, to the landlord’s policy on cats. But as onerous as the rental process is, tenants must add another issue to their move-in checklist: mold. Although mold hasn’t traditionally been a top priority for potential renters, new research on the health effects of mold have made people sit up and take notice of the mold growing in their homes. Renters have a more complicated set of rules governing the process of mold and mildew removal than homeowners. This process involves landlords, renter’s insurance, and …

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Missouri Tenant Rights with Mold

Missouri is home to the tallest monument in America, the Gateway Arch. Tourists from throughout the country travel to see the view from this amazing structure, which overlooks one of Missouri’s large cities, St. Louis. Although Missouri’s rich history as the “gateway” to the West is known throughout the nation, Missouri residents also need to know about something a bit more practical: their rights as tenants. One of the many problems that can plague tenants is the existence of mold in their homes. Understanding their rights will help to provide them with a clean, healthy indoor environment. Mold is considered a biological contaminant and, if present in a home, can cause health problems as well as structural damage. Exposure to …

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Washington Tenant Rights with Mold

The State of Washington is known as “The Evergreen State,” due to the abundant amount of evergreens and other lush plant life that grow naturally throughout the state. Washington maintains a green hue year round because of its distinct climate. Although the East portion of the state has higher relative humidity then most other states in the country, the Western side has an even greater amount of moisture. In areas like that of Seattle, the Cascades, and much of the Western side, overcast, increased precipitation, fog, and snowfall are very frequent. It is important for residents to understand how such conditions aid in the growth of mold. It is also very important for tenants to understand their rights as a …

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Texas Tenant Rights with Mold

The Lone Star State is a grand and extensive place, covering a total of 268,601 miles and housing a population estimated at 24,782,406. It’s the second largest U.S. state in both area size and population. It is also the land where, in 2001, a verdict was handed down stating that Farmers Insurance Group was to pay a Dripping Springs family a total of $32 million dollars for damages related to insufficient mold abatement in the family’s home. If you live in Texas, you’ve probably heard the topic of mold being brought up in the media quite a bit, especially since the multi-million-dollar verdict of 2001. When the verdict was given, it perked everyone’s attention and garnered a considerable amount of …

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New Jersey Tenant Rights with Mold

In New Jersey, just like the rest of country, you and other members of the community have a responsibility to keep a watchful eye out for any potential dangers that may threaten the safety, security, and health of the people you care about. There are, of course, plenty of dangers in this world that we know how to stand up against. We lock the doors of our houses to keep out home invaders. We wear our seatbelts to keep safe in the car. We teach our children to cover their coughs and wash their hands, so they don’t get others sick. These are all basic actions we know to take in order to keep ourselves, our family, and the community …

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Nevada Tenant Rights with Mold

Nevada is a state well-known for its big cities and big lights. Reno, Vegas, and all of the fun and trouble that can be found in these cities is what makes it the destination of many a bachelor and bachelorette party, or just people looking for a little excitement at the cabaret or casino. However, to the more than 2.6 million residents of Nevada, it’s just “home”. But, regardless of where you choose to call home, things can go wrong. Faulty plumbing, a leak in the roof; these are all situations that can lead to mold growth in a home, even in a state as relatively low in humidity as Nevada. Mold is a form of diverse living organism from …

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Maryland Tenant Rights with Mold

Maryland is known for several things, one of which is the Chesapeake Bay, an extensive eco-system known as an estuary that surrounds the state. An estuary is a “partially enclosed body of water along the coast where freshwater from rivers and streams meet and mix with salt water from the ocean.” This kind of eco-system can produce organic matter at a higher level than most “forest, grassland or agricultural” areas. This thriving environment can also be a great catalyst for the growth of mold. This type of occurrence can become quite a nuisance for the residents of this area – especially those individuals in a rented property. In such an area it is important for the residents to understand their …

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Illinois Tenant Rights with Mold

When renting an apartment, home, duplex, or trailer, Illinois tenants must worry about a multitude of potential problems with the property. Are the neighbors noisy? Does the water heater work? What is the policy regarding satellite dishes? In addition to the applications, policies, and deposits, potential renters should also take time to consider the existence of water damage and mold, mildew, and fungi in their residence. As a renter in Illinois, you do have legal rights when it comes to detecting and removing problematic mold growth in your home. Knowing how to deal with landlords about mold can help you keep yourself and your family free from some of the dangerous ramifications of toxic mold exposure. Research on the effects …

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Hawaii Tenant Rights with Mold

When most people think of Hawaii, they imagine a lush beautiful environment with clear blue waters and a complete absence of reality. However, what many do not see are the issues associated with mold and inhabitable conditions that affect the residents of this beautiful place. There are over 400,000 different types of mold species, many of which have yet to be identified or classified. Some of the more common molds found in a home or outside, are generally harmless; however there are several types of mold that can be quite detrimental to an individual’s overall health. Such toxic molds can cause several symptoms, including; dermatitis, cough, rhinitis, nose bleeds, cold and flu symptoms, headache, general malaise and fever. Also note …

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Arizona Tenant Rights With Mold

The state of Arizona is a desert landscape known for hot summers, stunning sunsets, and the Grand Canyon. The average rainfall is 12.7 inches. However, those 12.7 inches of rainfall tend to come from summer monsoons, which often bring torrential downpours and flash floods. Many homes in Arizona are simply not built to handle high amounts of rain and can often end up with leaks and water damage, which can lead to structural damage and even indoor mold. For this reason, it is important for all those who rent within the state of Arizona to know their rights when it comes to habitable living conditions, and the steps they can take if such conditions are not met. For Robin Minium, …

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New York Tenant Rights with Mold

As a renter in the state of New York you have the right to a safe and healthy environment as outlined in the Warranty of Habitability, New York Real Property Law, Article 7, § 235-B. Within this vaguely written law it states that “the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.” These rights are guaranteed regardless of whether a signed lease states otherwise. Because mold is not …

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Florida Tenant Rights with Mold

If you live in Florida, you already know that mold is rampant. News reports appear almost daily of another home, school, or church that has been temporarily closed in order to clean out the spores. You probably also know that mold can be seriously detrimental to one’s health. With hundreds of thousands of strains of mold and fungi, the great majority are considered quite harmless. Unfortunately, there are still a handful that can be dangerous to the health of humans and animals. Some strains of mold spores can be just mildly irritating, causing problems like sneezing, a runny nose, and watery eyes. But other strains can create much more serious health problems, especially in people with weakened immune systems, such …

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California Tenant Rights with Lead & Lead Paint

California’s renter’s rights laws can be difficult to navigate, especially for renters attempting to protect themselves and their loved ones from the dangerous effects of lead-based paint. Numerous studies have concluded that lead poisoning—typically contracted from exposure to lead paint—causes dire health problems. Damage to the brain, nervous system and memory, reproductive system, slowed growth, and hearing and behavior problems are all among the known symptoms of lead poisoning. Children are especially susceptible. Lead dust particles can travel easily from the floor to a toddler’s fingers, mouth, and ultimately, bloodstream. The Environmental Protection Agency warns that “it only takes lead dust equal to two grains of sugar a day on a child’s fingertip transferred to the mouth, for perhaps a …

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California Tenant Rights with Mold

As renters in California, we have the right to live in a safe and healthy environment, which includes the quality of air in our homes, or indoor air quality (IAQ). Mold spores circulating in the air can create harmful living situations and lead to health problems for you and your family. California is one of only five states to have regulations against mold growth in rentals, recognizing that there is a potential health risk involved with mycotoxins (molds that produce harmful chemical toxins). Children, the elderly and persons with compromised immune or respiratory systems are at the highest risk for health issues due to mold. Effects can range anywhere from allergic reactions to rashes or repertory issues. California State laws …

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Arkansas Tenant Rights with Mold

Arkansas, home of the Ozark Mountains, is known for its abundance of natural resources: petroleum, natural gas, and roughly half of the world’s production of bromine and silica stone. Although Arkansas provides a vast amount of raw materials to the world, what is often provided to tenants in this state is far less generous in terms of legal protection. It is for this reason that, as a renter in Arkansas, it is very important to be aware of the rights you do posses and what steps should be followed to ensure that your home is a healthy one. For instance, one of the many issues that can plague a residence is the existence of toxic mold, a biological contaminant that …

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Please Note:
If your state is not listed, your state may not have exact laws regarding mold and tenant rights or we may be in the process of compiling information for that state. If you have questions about tenant rights in your state, we may be able to answer them for you directly by phone or email.

If you have any questions about how to respond to a situation at your property, please call us at
1-866-358-3838 or email us.

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