RENTAL PROPERTIES AND TENANTS

Mold in rental properties often creates unique challenges because tenants, landlords, and property managers all play a role in addressing the issue. Unfortunately, delays or improper cleanup of moisture problems can allow mold to spread, increase costs, and cause secondary damage. In some cases, landlords attempt quick fixes, such as painting over the problem, without addressing the underlying cause.

Under Texas law, landlords are not specifically required to inspect for or clean mold. However, they are required to maintain rental properties in a habitable condition under the Texas Property Code (§92.052). Disputes over mold are often handled as maintenance issues, with tenants expected to submit written repair requests to their landlord or property manager.

NTX Enviro often receives calls from renters looking to have a mold inspection and testing done in their residence. The calls are typically for one of the following reasons:

  • Tenant feels sick and suspects the air quality to be the reason.
  • Landlord refuses to address or acknowledge a mold/air quality issue.
  • Tenant is looking for the burden of proof through testing to get problem addressed, break their lease, or be reassigned to a new unit.

As a licensed Mold Assessment Consultant (MAC), NTX Enviro is bound by the Texas Department of Licensing and Regulation (TDLR) rules. State law requires that before we perform any mold-related services, we provide the Consumer Mold Information Sheet (CMIS) to both the client and the property owner/manager [16 TAC §78.70]. This means we cannot perform inspection or testing services without notifying the landlord or management company. In some cases, landlords cooperate and allow inspection; in others, they may refuse or delay.

If your landlord declines, or if you prefer not to involve them, NTX Enviro cannot proceed with testing. Tenants still have some options: simple DIY surface sampling can be performed by using clear tape and a sealed plastic bag, which may then be submitted to a licensed mold laboratory such as the Moldlab in Carrollton, Texas. The Moldlab also provides rental air pumps and spore-trap cassettes. However, these results may not carry the same legal or contractual weight as a licensed assessment, and tenants should understand this limitation.

The following websites also provide good resources for information regarding Tenant/Landlord laws in Texas:

Contact your City Building Official (Code Compliance). The building official may inspect the unit to determine if it is structurally sound. They may also, in some cases, enforce maintenance provisions of the building code.

You may also wish to contact an attorney for legal assistance. If you need help finding an attorney, the State Bar of Texas offers a lawyer referral and information service at 1-800-252-9690. Various tenant, apartment and consumer organizations may also have resources to help you.

Tenants can also consider submitting a complaint to their local city or county health department. In many larger Texas jurisdictions, health departments may enforce building codes or declare a rental property a public health nuisance – potentially leading to correction orders for landlords. To easily find your local health department, you can explore the Texas Department of State Health Services (DSHS) directory of local public health organizations: Texas Health Services

Additionally, tenants may seek help from the local building code official, if available. These officials can inspect a unit to assess structural safety and, in some cases, enforce key maintenance or habitability standards under the code. This step might help when mold issues stem from unresolved moisture or structural concerns.