Have a Mold Problem? Call us now
Have a Mold Problem? Call us now
Toxic mold is a topic that is beginning to become more prevalent in news outlets and with homeowners as more information and science come out about the importance of indoor air quality. As professionals in mold remediation and toxic mold cleanup, we often see the worst examples of just how harmful black mold can be to properties and tenants. Mold thrives in high humidity areas with minimal ventilation, i.e., basements, attics, and crawl spaces.
If left unchecked, a minor mold problem can quickly become a Georgia property owner’s worst nightmare, with cleanup and repair bills well into the thousands and even potential lawsuits from tenants claiming that toxic mold made them sick.
As more and more information from medical experts comes out about the seriousness of toxic mold exposure, government officials are taking note. However, there are NO Federal laws regarding acceptable mold exposure or guidelines for building and rental standards.
While states such as California and Texas have established laws to standardize and regulate mold testing, the state of Georgia currently has no such guidelines. The Georgia Department of Health has this to say:
“A rental property may be subject to a local housing code. You can contact local county or city officials to determine if a code is applicable in your area. Generally speaking, these codes do not contain or enforce any mold-related standard. Therefore, all renters should become familiar with how the landlord-tenant relationship works to resolve disputes or problems.”
As a tenant, you are entitled to a clean, safe, and habitable environment. As the property owner, the landlord or management company is responsible for maintaining such an environment. Responsibilities include making repairs such as leaky pipes, roofs, windows, exhaust fans, etc., which could lead to elevated moisture levels resulting in mold growth.
Common Landlord Expectations and Responsibilities Include:
Currently, there are no Georgia statutes or regulations that require landlords and property management companies to disclose high concentrations of toxic mold found in their properties to tenants or buyers. However, under Georgia law, landlords must inform prospective renters if the property has experienced damage due to flooding at least three times in the past five years. Any mold infestation should be included in this damage report.
“Georgia Code 44-7-20 provides that property owners supply tenants with written notice if a rental property is prone to flooding. The statute requires that, “prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property’s propensity of flooding if flooding has damaged any portion of the living space covered by the lease or attachments thereto…” An owner is legally liable for failure to provide flood notice to tenants in advance of the beginning of the tenancy.”
The first thing any renter/tenant should do before moving into a property or space is to thoroughly document the condition of the unit during the walkthrough. Tenants are often quick to check all of the boxes as everything is fine, and landlords/property managers, particularly larger ones, and their legal teams will use this checklist against the tenant later on when a concern is raised, or a repair is requested. Renters have the right to inhabit a unit that is maintained and in good condition. Since there are no federal or Georgia laws that establish acceptable levels of mold spores inside the home, you must know your general tenant rights. When renting a home, it’s typical for the property owner/property management company to provide tenants with a mold addendum.
As discussed previously, there are no regulations specifically regarding mold, but tenants can do a few things.
Some Symptoms of Toxic Mold Exposure Are:
Federal and State Courts have recognized two common legal strategies for tenants dealing with toxic mold in their apartments or rental homes.
While this information is accurate to the best of our knowledge, this is not to be considered as legal advice.
Georgia landlord-tenant law does not outright state that a tenant in Georgia has the ability to withhold rent in response to habitability issues.
One way to force your landlord into making necessary repairs is to withhold rent. Because landlords are required to provide safe and habitable living conditions for their tenants under the warranty of habitability, if a landlord breaks this obligation, the tenant’s obligation is to pay the full amount of rent stops until repairs are made. Tenants may withhold all or part of the rent until repairs are made, depending on the seriousness of repairs. The law does not state how much or for how long a tenant can withhold rent.
If rent withholding is something you are considering, it is extremely important that you do it correctly.
Before a tenant can withhold rent, certain requirements must be met. If the tenant can answer yes to these five questions, rent can legally be withheld.
If the answer is yes to all five questions, then the tenant can legally withhold rent, and the landlord cannot evict the tenant, but be aware that they may try. If a landlord tries to start the eviction process, they may be violating other laws.
Unfortunately, rent withholding tends to be the most successful way to get a landlord to make repairs and is particularly successful when multiple tenants join together. While withholding rent, the tenant is in a position to negotiate the following:
Withholding rent does not mean that the tenant is entitled to live in the property rent-free. It is simply a bargaining tool to get landlords and property management companies to make repairs. Once repairs are made, the tenant must resume paying rent.
One of the best ways the tenant can protect themselves, besides documenting EVERYTHING, is to set the withheld rent money aside in a separate bank account. While not required, there are two reasons why this is a good idea. First, if the landlord tries to start the eviction process, the tenant can show the court that they could pay and simply withheld rent to force repairs. A separate bank account gives the tenant more credibility in the eyes of the judge. Second, it’s unlikely that a judge will find the conditions so poor that they allow the tenant to withhold 100% of the rent, so if the judge orders repayment of partial rent, the tenant will have the money to pay and avoid eviction. Legally, only a judge can force the tenant to pay back any of the withheld rent.
While the tenant may have the right to withhold rent, the landlord may try to evict. The best way to prevent eviction is to ensure everything is documented and a proper paper trail established. Seek professional legal advice from an attorney or government agency.
Under certain circumstances, tenants in Georgia have the right to make repairs and deduct them from their rent to pay for them. One of the advantages is that the tenant often gets the repair done on their timeline, but in the process, they are also taking responsibility for making sure the repairs are done correctly.
Similar to withholding rent, before a tenant can repair and deduct, certain conditions must be met. If the tenant can answer yes to these five questions, they are within their right to repair and deduct.
While the tenant may have the right to repair and deduct, they should:
While repair and deduct is a legal option, the tenant should be aware that landlords may argue that a repair was unnecessary or completed at an unreasonable cost. Be sure to notify the landlord/property manager and ideally get them to agree to the price before beginning repairs.
While probably easier said than done, one of the easiest ways to avoid the headaches associated with mold and getting landlords to make repairs is to avoid the property altogether.
When searching for a property to rent or lease, consider these factors:
MoldStar Remediation
3926 Samuel Chapel Ct, Marietta, GA 30066