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
- rising damp
- 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)