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What are the rules for mold in Texas?

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Nearly 70% of U.S. homes have some mold. In Texas, landlord-tenant laws handle this issue. Landlords must fix mold that their tenants didn’t cause, after being told in writing, and as long as rent is paid. It’s important for Texas tenants to know their rights about mold for a safe home.

Key Takeaways

  • Landlords in Texas must address mold issues that impact tenant health or safety.
  • Tenants should provide written notice by certified mail or other tracking methods to report mold.
  • A reasonable timeframe, typically seven days, is given to landlords to begin remediation work.
  • Tenants may have the right to terminate the lease or secure a rent reduction if mold is not addressed.
  • Legal resources like TexasLawHelp.org offer guidance on enforcing tenant rights.

Landlord Responsibilities for Mold Removal

It’s key for both landlords and tenants to know about mold in Texas. State law says landlords must fix mold that endangers tenants if they didn’t cause it themselves. This rule falls under the property code mold laws.

Landlord’s Duty and Tenant Rights

According to Texas Property Code 92.056, landlords must handle mold problems that can harm tenants. If mold isn’t removed, tenants can take legal action. This could lead to ending the lease or paying less rent until the mold is fixed.

Landlords must make the living space safe and healthy. They are given a fair amount of time to clean up the area from mold.

Notification Process for Mold Issues

When it comes to mold, telling the landlord is a big first step. Tenants should use certified mail to send a letter about the mold. If the landlord doesn’t do anything, sending more letters is often needed. Keeping copies of these letters is crucial in case legal steps are needed.

Timeframes for Mold Remediation

After getting the notice, landlords usually have about seven days to start cleaning up the mold. But, how long it takes to fully remove the mold depends on a few things. This includes how bad the mold is and if materials are easy to get. Mold issues that need an insurance claim can also take longer to fix.

Exceptions and Special Conditions

There are special rules if the damage is covered by insurance. Landlords might get more time to fix the mold after getting the insurance money. In such cases, tenants can cut their rent or leave early if the home isn’t safe to live in. These exceptions help landlords deal with the costs and practical challenges of mold cleanup.

Understanding everyone’s duties and rights is vital for a place free of mold dangers. It leads to a healthier and safer home for everyone.

Professional Mold Removal Requirements in Texas

Managing mold in Texas follows strict guidelines from the Texas Department of Licensing and Regulation (TDLR). These rules make sure people and businesses are ready to deal with mold correctly and legally.

Licensing and Registration

Anyone working in mold removal in Texas needs to go through a detailed registration. They have to prove they’re skilled in mold removal, have the right training and enough experience. They also need insurance and a licensed office in Texas to follow all the rules fully.

Certificate of Mold Damage Remediation (CMDR)

After removing mold, professionals get a Certificate of Mold Damage Remediation (CMDR). This certificate shows they’ve met Texas’ high standards in mold removal. The certificate includes the expert’s state license number to prove it’s real.

Consumer Mold Information Sheet (CMIS)

Before starting any work, professionals must give property owners the Consumer Mold Information Sheet (CMIS). This sheet is important because it tells property owners about mold, including how it’s removed and Texas’ rules on it.

Exemptions for Homebuilders and Owners

Some people, like homebuilders and homeowners, might not need professional credentials for small mold issues. But, they’re still required to know about mold laws and rights. This is to keep up with the rules, even if certain exemptions apply.

Actions Tenants Can Take If Mold Is Not Removed

If a landlord doesn’t fix a mold problem, Texas tenants have ways to act. It’s very important to know your options. This helps keep you healthy and protects your rights.

One option is to take legal action for mold if it’s still there. You might be able to end your lease and move out. It’s smart to get advice from a lawyer before doing this.

Filing a lawsuit against your landlord is also possible. You can ask for your rent to be lower or want money back for temporary housing and repairs. You can even claim compensation for health issues caused by the mold. Make sure to keep any proof and records.

Sometimes, you can fix things yourself and take that cost off your rent. But, you must meet certain conditions. It’s best to get advice from a legal expert to know what to do in your case.

Personal injury claims might come up if the mold makes you sick. Talking to a good lawyer can help you figure out if you have a case. They can help you fight for fair compensation.

If you’re dealing with a mold problem that the landlord won’t fix, it’s vital to know your rights. Be careful in making decisions. Make sure they’re the right ones that protect both your health and what you’re entitled to.

Conclusion

In conclusion, Texas has made sure that tenant rights are protected through comprehensive mold rules. The Texas Property Code details what both tenants and landlords need to do. It highlights the importance of quickly dealing with mold to avoid any health risks. If problems aren’t fixed, tenants have the right to end the lease or pay less rent.

Mold specialists in Texas must meet strict rules and have the right paperwork like the Certificate of Mold Damage Remediation (CMDR). This means their work is checked to make sure it follows the rules. It keeps the place safe for those living there.

It’s important for both tenants and landlords to be careful and take action early. Knowing what to do and who is responsible helps keep a home mold-free. Tenants should report mold and get professional help. This way, everyone stays safe and follows Texas’ mold laws.

If you need help with mold removal, mold remediation, mold testing or inspections contact our team for a free quote.

FAQ

What are the rules for mold in Texas?

In Texas, landlords must remove mold to protect tenant health and safety, if the mold wasn’t from the tenant. They need written notice through certified mail. Tenants must also be up-to-date on rent. This is part of the Texas Property Code that aims to keep renters safe.

What are the landlord’s responsibilities for mold removal in Texas?

If it’s the landlord’s duty to fix mold dangers, they have seven days after being told to handle it. This is to meet tenant rights under Texas law. If the mold isn’t the tenant’s fault, the landlord must act quickly.

How should tenants notify landlords about mold issues?

Notify your landlord in writing, using certified mail or another trackable method if there’s mold. You may need to send a second notice if the first doesn’t get a timely response. Keeping records of your notices is critical for the law.

What is the timeframe for mold remediation in Texas?

Mold should be handled within seven days after the landlord receives written notice in Texas. But, the situation might require more time if the mold is severe, or if there’s a delay with getting the necessary repair materials. This period can stretch even further if waiting for insurance money.

Are there any exceptions or special conditions for mold removal?

There are some exceptions in Texas. For instance, after an insurance payout, landlords might have more time to fix the issue. Also, small mold areas in buildings with under 10 units might not need a pro to clear.

What are the licensing requirements for professional mold removal in Texas?

To test or remove mold in Texas, you must get a license from the Texas Department of Licensing and Regulation (TDLR). Companies need to do required training and show experience. They also must follow all the state’s rules to work legally.

What is a Certificate of Mold Damage Remediation (CMDR)?

A Certificate of Mold Damage Remediation (CMDR) proves that a professional followed state rules to remove mold. This certificate includes the pro’s license number. Only licensed pros can issue this certificate after cleaning up the mold.

What is a Consumer Mold Information Sheet (CMIS)?

Before starting any work, in Texas, mold pros must provide a Consumer Mold Information Sheet (CMIS) to homeowners. This document explains what mold is, the cleaning process, and your rights. It helps you know what to expect from the pros handling your mold issue.

Are there exemptions for homebuilders and property owners regarding mold removal?

Yes, in some cases, homebuilders and property owners are exempt from needing a license to remove small amounts of mold. This applies to certain minor cases, making it easier for them to fix small mold problems on their own.

What actions can tenants take if mold issues are not resolved by the landlord?

If your landlord doesn’t fix the mold, you could end the lease, file a lawsuit, or sometimes pay less rent. Tenants might also be able to deduct the cost of repairs from rent. It’s a good idea to talk to a lawyer to see what you can do.

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