What should tenants do about mold problems in a rental?

Mold Problems in Missouri Rentals: A Tenant’s Guide to Repairs and Maintenance

Mold can be a significant concern for tenants in Missouri rental properties due to the state’s humid climate and occasional leaks or moisture issues. Understanding your rights and responsibilities as a tenant when dealing with mold problems is essential for maintaining a safe, healthy living environment and ensuring the landlord fulfills their legal obligations. This guide provides detailed information on what Missouri tenants should do if they encounter mold issues in their rental unit.

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Understanding Mold in Missouri Rentals

Mold thrives in damp, poorly ventilated environments. In Missouri, where humidity levels can be high, mold problems may be more common, especially during rainy seasons or in older buildings with plumbing issues. Mold can pose health risks such as allergic reactions, respiratory problems, and other health complications, making prompt action important.

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Tenant Responsibilities Regarding Mold

While landlords have a primary duty to keep rental properties safe and habitable, tenants also have certain responsibilities related to mold:

• Keep the property clean and dry: Regularly clean moisture-prone areas like bathrooms and kitchens, and avoid excess moisture buildup (e.g., promptly wipe spills, use ventilation fans).
• Report problems promptly: Notify the landlord or property management as soon as mold or leaks are noticed. Prompt reporting can prevent small issues from escalating.
• Avoid causing damage: Tenants should not block ventilation or cause leaks that would promote mold growth.
• Use proper ventilation: Open windows when weather permits and run exhaust fans when cooking or showering to reduce humidity levels.

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Landlord Obligations Under Missouri Law

Missouri landlords are required to provide rental units that are safe and habitable. This generally includes addressing issues that lead to mold, such as:

• Repairing leaks in roofs, walls, plumbing, or appliances.
• Ensuring proper ventilation and structural integrity.
• Correcting water intrusion problems promptly.
• Removing existing mold caused by structural or maintenance failures.

Missouri does not have a specific statute governing mold in rental properties, but mold problems are typically addressed under the state’s implied warranty of habitability and health and safety standards.

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Steps Missouri Tenants Should Take If They Discover Mold

1. Document the Mold Problem

• Take clear photos and videos showing the mold and any contributing factors (e.g., water stains, leaks).
• Keep a written record of when the mold was first noticed, including dates and descriptions.

2. Notify the Landlord in Writing

• Contact your landlord or property manager as soon as possible.
• Provide a detailed, professional written notice describing the mold problem and requesting repairs.
• Keep copies of all communications for your records.

3. Allow Access for Inspection and Repairs

• Missouri tenants are generally required to allow reasonable access for the landlord or maintenance personnel to inspect and fix the problem.
• Coordinate schedules to make this as smooth as possible.

4. Follow Up

• If the landlord does not respond or fails to address the problem timely, send polite follow-up reminders.
• Continue documenting all correspondence.

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If the Landlord Fails to Act

If the landlord neglects to address the mold problem promptly, Missouri tenants have several potential courses of action:

• Contact Local Health or Building Authorities: Many Missouri cities and counties have housing or health departments that can inspect properties and enforce housing codes.
• Use Missouri’s “Repair and Deduct” Remedy with Caution: Missouri does not explicitly provide repair and deduct in statute, so tenants should seek legal advice before making repairs and deducting costs from rent.
• Withhold Rent: Missouri law allows rent withholding only under specific circumstances and typically requires following a formal procedure. Tenants should consult legal counsel before withholding rent due to mold.
• Seek Legal Assistance: Tenants may contact Missouri tenant advocacy groups or an attorney for help enforcing their rights and possibly pursuing remedies such as lease termination or damages.

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Preventing Mold Growth as a Tenant

While landlords must handle structural issues, tenants can take proactive steps to reduce mold risk:

• Use exhaust fans in bathrooms and kitchens.
• Keep windows open periodically to improve ventilation.
• Avoid drying clothes indoors without proper ventilation.
• Immediately report plumbing leaks or water intrusions.
• Keep surfaces dry, especially in basements or utility areas.

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Summary

For tenants in Missouri dealing with mold problems in rental properties:

• Immediately document and promptly notify your landlord in writing.
• Understand your responsibilities to maintain dryness and cleanliness.
• Allow the landlord access to inspect and repair.
• Use local health departments or legal assistance if the landlord fails to respond.
• Take proactive measures to prevent mold growth during your tenancy.

By understanding your rights and acting swiftly, you can help ensure a safe, habitable living environment free from hazardous mold issues while abiding by Missouri tenant laws.