In the past we have heard many cases of tenants suing their landlords for mold growth. I believe there are very few (if any) cases of landlords suing their tenants for mold growth. Although we are not legal experts or building scientists there are probably instances where tenants are solely responsible for mold growth. First, what triggers mold to grow in a building? Everybody knows it is moisture! The key sources of moisture are often stated as:

• leaks from pipes and roof
• flooding
• rising damp
• condensation
• occupants activities that generate moisture such as cooking, laundry, and bathing.

If mold develops because the tenants never operated fans when cooking, doing laundry or bathing, then they, and not the landlord are responsible for mold growth. Also, I believe the tenant should be held responsible for mold growth if they have been having leaks and they don't report them to the landlord on time for repair.

So, if you are a tenant and you find mold growing in your house, be sure the landlord is responsible before you rush to a lawyer's office. You may find yourself being sued by your landlord for causing mold growth in their property!

(This discussion is the writer's opinion, it is not legal advice)

A common myth is that only old homes have mold problems. The truth is that mold doesn't care whether your home is old or new. If there is a moisture problem, mold will just grow in a new home as it would in an old home. However, it is important to know that as the building materials age, they may become more prone to mold growth but unless there are moisture problems mold will not grow. The only logical reason why old homes are likely to have mold growth is that they may have had leaks here and there which have gone unnoticed for a long time.

Next time you are looking for a new home to buy, remember new homes are not free from mold growth if there are moisture problems.

Check out Frequently Asked Questions