Is My Landlord Responsible for Mold?

Landlords are typically responsible for mold that results from maintenance issues or structural problems in the rental unit. That includes things like water leaks, roof damage, or poor ventilation. Most states require landlords to provide a livable, habitable home, and mold that affects your health or safety often violates those standards.

Mold issues can be complex, especially when the cause isn’t immediately obvious. But as a renter, you have rights. This guide breaks down who’s responsible for what, how to protect yourself, and what steps to take if the issue remains unresolved.

Landlord responsibilities for mold prevention

Landlords generally have a legal duty to maintain rental units in habitable condition. That can include preventing and remediating mold caused by poor maintenance or building defects. 

Here are some examples of how landlords should prevent mold:

Inspect for leaks and water damage before a tenant moves in

Before renting out a property, landlords are responsible for checking for signs of existing moisture damage. That includes water stains on ceilings, soft drywall, or musty odors. If mold or the conditions that cause it are present at the time of move-in, it’s likely the landlord’s responsibility.

Make timely repairs to prevent moisture buildup

Leaking pipes, broken windows, roof damage, and malfunctioning HVAC systems all contribute to excess moisture. Landlords are expected to repair these issues promptly to prevent mold growth. Failing to address them in a timely way could make them liable for any resulting mold damage.

Address mold caused by structural or maintenance failures

If mold appears because of conditions the landlord controls, like poor insulation, leaking appliances, or lack of ventilation, the landlord is usually responsible for cleanup. Some states specifically include mold under their landlord-tenant laws.

Remediate existing mold when notified

Once a tenant reports mold in writing, the landlord must take steps to assess and remove it. State laws vary, but many require action within a set timeframe. Even if mold remediation is not explicitly required by law, landlords may still be held liable if they ignore a complaint and the mold spreads or causes harm.

Tenant responsibilities for mold prevention

Renters also have a role in preventing mold. You’re expected to keep your home clean, dry, and well-ventilated, and to let your landlord know as soon as something’s wrong.

Here are some examples of how tenants should prevent mold:

Report water leaks or mold as soon as possible

Tenants are responsible for alerting the landlord when they notice leaks, musty smells, or visible mold. Reporting the issue promptly gives the landlord a chance to rectify the problem and protects your rights if the situation escalates. Always make reports in writing and keep a copy for your records.

Use ventilation to control moisture

Everyday activities like showering, cooking, and drying clothes can increase indoor humidity. Tenants are expected to use fans, open windows, and prevent condensation where possible. In bathrooms without windows, running the exhaust fan is especially important.

Avoid behavior that contributes to mold growth

Allowing water to pool in sinks or tubs, overwatering houseplants, and drying clothes indoors without adequate airflow can all create conditions that foster mold growth. Tenants are expected to avoid these behaviors and help keep moisture levels under control.

What causes mold growth?

Mold needs moisture to grow, which means any source of water or high humidity can create a problem. Here are the most common causes of mold in rental units.

Leaking pipes and plumbing issues

Slow drips from faucets, cracked pipes inside walls, and water pooling under sinks are leading causes of mold. These leaks are often hidden, which means mold can spread before anyone notices.

Roof leaks or damaged window seals

Water entering from above — like from a leaky roof, gutter overflow, or poorly sealed windows — can create long-term moisture problems. If water gets trapped behind walls or under floors, mold may form out of sight and can pose serious health risks.

High indoor humidity

Humidity levels above 60% make it easy for mold to grow. Poor airflow, sealed windows, or blocked vents can trap moisture and lead to mold on walls, ceilings, and furniture. This is especially common in basements, bathrooms, and kitchens.

Flooding or water intrusion

Flood events, sewage backups, or water coming in from outside can leave behind enough moisture to support mold growth. Even after surfaces dry, moisture in drywall, insulation, or flooring can cause mold to appear days or weeks later.

What should I do if I find mold in my rental property?

Start by documenting the problem and notifying your landlord in writing. Mold can spread within 24 to 48 hours and worsen over time, so delays can put your health and legal options at risk.

1. Take photos or videos immediately

Capture wide shots and close-ups of the mold, any water damage, and the surrounding area. Time-stamped documentation can support future legal or insurance claims.

2. Send a written notice to your landlord

Describe the issue clearly and request an inspection or remediation. Keep a copy of the message for your records. Email is fine, but some states require certified mail for legal purposes.

3. Check your state’s landlord-tenant laws

States like California, Texas, and Washington have specific guidelines on mold and habitability. Local tenant unions or housing agencies can also clarify your rights.

4. Follow up if the landlord does not respond

If there’s no action within a reasonable time, send a second written notice and escalate to your local housing authority or tenants’ rights group. Consistent documentation helps protect you if you need to explore your legal options such as withholding rent, pursuing a claim, or breaking your lease.

Can I refuse to pay rent if there is mold?

In some states, you can refuse to pay rent if there is mold, but only if the mold makes the rental uninhabitable and you follow the proper legal steps. This usually means notifying your landlord in writing, giving them a reasonable time to fix the issue, and possibly placing your rent in escrow.

Some states have specific laws that allow tenants to withhold rent or use the cost of repairs to deduct from future rent. However, the rules vary widely, and withholding rent without following your state’s process could lead to eviction. Always check your local laws or consult a tenant rights organization before taking this step.

Can I sue my landlord for mold?

Yes, tenants in most states can sue if a landlord fails to address a mold problem after being notified, especially if the mold causes health issues or property damage. However, if the mold is caused by tenant actions, the landlord may not be responsible. 

States like California and New York have habitability laws that support tenant claims in mold-related cases. Even in states without mold-specific statutes, landlords may still be held liable under general health and safety or negligence laws. To strengthen your case, keep detailed records of the mold, your communications, and any medical or repair costs. Be prepared to show the issue was not caused by your own actions. 

Can I break my lease due to mold?

If mold makes your rental unsafe to live in and your landlord refuses to fix it, you may be able to break your lease without penalty. This is known as “constructive eviction” and is recognized in many states.

Some states may require you to file a complaint with a local housing or health agency first. Always document the issue thoroughly and check your state’s requirements before moving out. And remember, breaking a lease may come with additional costs.

Even if your landlord is responsible for fixing mold, the damage it causes could still affect you directly, especially if it ruins your belongings or forces you to find temporary housing. That’s why it’s worth considering renters insurance as one option for protecting yourself from losses

If the mold is caused by a covered event, like a burst pipe, your renters insurance policy may help pay for cleanup, replacement items, or even hotel stays. Coverage for mold varies by policy and is often limited to mold that results from sudden, accidental events, not long-term leaks or neglect. Zillow Insurance Services offers protection for your personal property, temporary living expenses, and personal liability. View your coverage options and get a renters insurance quote in as little as five minutes.