Quesitons about Mold and rentals (homeowners insurance, lawyer, homes)

[john3232]

For landlords: Can a handyman be sent to scrub away visible mold with a cleanser or if necessary cut out part of a drywall? And are air samples required to show mold levels within the home are acceptable.

I make it a point to ensure my rental properties are clean whenever tenants move in and this hasn`t been much of an issue.

Unfortunately, not long ago a plumber was sent by my home warranty company to fix a leaky pipe.

The vendor after fixing the leak mentioned he saw a "mold issue" to the tenant and recommend a remediation company.

I complained to the home warranty the vendor had no business discussing mold or recommending a company.

However, the damage was done and the tenant (with a new-born) was very concerned.

My handyman was sent out and it was determined the "mold" was bug fecal matter and cleaned up.

But what if it was mold?

Can a handyman simply clean or cut out part of the drywall?

And is remediation company then required to take air samples to ensure mold levels within the home are acceptable.

[Zippyman]

There are no requirements for air sampling when repairing mold damage in single-family homes. Air sampling is pseudo-science in regards to indoor/outdoor mold anyway (there is no "allowable" or "non-allowable" standard for mold in single-family homes.)

There is nothing in the law preventing you from hiring a handyman to repair/replace damaged drywall.

For *commercial* buildings and *schools*, the epa *recommends* (but does not require) the people working on moldy areas of less than 10 sq feet use an n-95 mask & gloves.

Basically just common sense.

[john3232]

Originally Posted by Zippyman

There are no requirements for air sampling when repairing mold damage in single-family homes. Air sampling is pseudo-science in regards to indoor/outdoor mold anyway (there is no "allowable" or "non-allowable" standard for mold in single-family homes.)

There is nothing in the law preventing you from hiring a handyman to repair/replace damaged drywall.

For *commercial* buildings and *schools*, the epa *recommends* (but does not require) the people working on moldy areas of less than 10 sq feet use an n-95 mask & gloves.

Basically just common sense.

Thanks, Zipperman

That`s pretty much what I thought.


However, it might be best to speak with an attorney for further clarification. For example say a toilet or part of a wall is opened and mold is spotted what then? I need to know exactly where I stand with regards to the law.

As you can see from the comments within the link below above the answers are vague.
http://www.azlawhelp.org/searchresul...&search=Search

The owner needs to keep the property free of any health hazard on the other hand if a tenant feels there is still a problem they can take action as well.

So, say I clean up and/or remove a drywall of any visible mold but the tenant contacts a mold remediation company which in turn suggest there might still be a problem. That further testing and air samples are required to be sure.

Now what? How can I defend myself against this?

My guess is a lawyer will be able to explain exactly what I can do if the affected area is cleaned yet a tenant demands further action.

Years back I had a toilet removed and the plumber said black mold was spotted. The tenant freaked out and my PM quickly contacted a remediation company. A week and $3000 later a potential problem of "toxic spores" or whatnot was solved.

[stevek64]

Originally Posted by john3232

So, say I clean up and/or remove a drywall of any visible mold but the tenant contacts a mold remediation company which says there might still be a problem. That further testing and air samples are required to be sure.

Now what? How can I defend myself against this?

My guess is a lawyer will be able to explain exactly what I can do to protect myself if the affected area is cleaned yet a tenant demands further action.

Did you check to see if your rental insurance policy for the property covers mold issues caused by plumbing issues?

If it doesn't, perhaps you can inquire about buying a rider for the policy to cover such issues in the future. Sounds like that alone might buy you some piece of mind.

Is mold damage covered by homeowners insurance? | Insurance.com

[john3232]

Originally Posted by stevek64

Did you check to see if your rental insurance policy for the property covers mold issues caused by plumbing issues?

If it doesn't, perhaps you can inquire about buying a rider for the policy to cover such issues in the future. Sounds like that alone might buy you some piece of mind.

Is mold damage covered by homeowners insurance? | Insurance.com

My rental insurance policy (State Farm) doesn`t cover mold. I can ask about a rider but I would prefer not to file an insurance claim unless it is something major.

What I hope a lawyer can tell me are the steps I can take to defend myself against allegations of mold after the problem area has been cleaned or cut out but the tenant contacts a remediation company which recommends additional testing.

[kell490]

The mold issue has been blown way out of proportion by attorney's and companies that want to make money.

[john3232]

True but you can't necessarily tell that to a renter.

You need to be clear as to what constitutes due diligence on your part.

[Zippyman]

Originally Posted by john3232

My rental insurance policy (State Farm) doesn`t cover mold. I can ask about a rider but I would prefer not to file an insurance claim unless it is something major.

What I hope a lawyer can tell me are the steps I can take to defend myself against allegations of mold after the problem area has been cleaned or cut out but the tenant contacts a remediation company which recommends additional testing.

I read the questions in the link you provided. The lawyer referred only to the landlord/tenant act, which should be telling.

There is no federal or state guideline for an allowable amount of mold spores.

There is no mention of "air sampling" anywhere in the landlord/tenant act.

Air sampling is an unreasonable request from the tenant if the "results" tell you nothing - especially if we're talking about a short-term dribble behind a toilet that is cleaned / repaired promptly. If you've got 50 or 100 sq feet of mold that's been allowed to fester for months or years, that may be another issue entirely - on your side, as well as the tenant's side if they breached your lease by failing to notify you about it.

The landlord / tenant act doesn't really have any "big bag o' money" buttons for a tenant, except in the case of unlawfully withholding a security deposit, and even in that case, it's rarely enforced. The onus is on the tenant to prove that a dwelling is unsafe, and even then, the remedy is just a chance to break a lease without penalty & the tenant has to find a "safe" property and move there at their own expense.

If a tenant is going "full retard" on you & demanding anything other than a release from a lease, you aren't obligated to comply under Arizona law - and the best defense would likely be to treat the property like one that was made uninhabitable through no fault of your own (like a fire). Offer to let them move, & evict if necessary - so your "remediation crew" can complete "repairs" without getting any spores on the snowflake. The odds of me (as a landlord) paying thousands of bucks for "air sampling" are about equal to the odds I'd pay a psychic to remove "spirits" from a property. In California or New York, as a landlord, you might have to pay for both. Arizona isn't like that.

It's cheaper to evict & find a new tenant who isn't a ninny.

// that said, like you - I'm a careful & well-intentioned landlord & my rentals are better maintained than my primary residence - I have receipts & records to prove that.

[john3232]

Originally Posted by Zippyman

I read the questions in the link you provided. The lawyer referred only to the landlord/tenant act, which should be telling.

There is no federal or state guideline for an allowable amount of mold spores.

There is no mention of "air sampling" anywhere in the landlord/tenant act.

Air sampling is an unreasonable request from the tenant if the "results" tell you nothing - especially if we're talking about a short-term dribble behind a toilet that is cleaned / repaired promptly. If you've got 50 or 100 sq feet of mold that's been allowed to fester for months or years, that may be another issue entirely - on your side, as well as the tenant's side if they breached your lease by failing to notify you about it.

The landlord / tenant act doesn't really have any "big bag o' money" buttons for a tenant, except in the case of unlawfully withholding a security deposit, and even in that case, it's rarely enforced. The onus is on the tenant to prove that a dwelling is unsafe, and even then, the remedy is just a chance to break a lease without penalty & the tenant has to find a "safe" property and move there at their own expense.

If a tenant is going "full retard" on you & demanding anything other than a release from a lease, you aren't obligated to comply under Arizona law - and the best defense would likely be to treat the property like one that was made uninhabitable through no fault of your own (like a fire). Offer to let them move, & evict if necessary - so your "remediation crew" can complete "repairs" without getting any spores on the snowflake. The odds of me (as a landlord) paying thousands of bucks for "air sampling" are about equal to the odds I'd pay a psychic to remove "spirits" from a property. In California or New York, as a landlord, you might have to pay for both. Arizona isn't like that.

It's cheaper to evict & find a new tenant who isn't a ninny.

// that said, like you - I'm a careful & well-intentioned landlord & my rentals are better maintained than my primary residence - I have receipts & records to prove that.

Thank you.

I feel a lot more at ease with the information.

[froglipz]

Link to CDC on mold what is and isn't toxic and what you need to know about mold.
CDC - Mold - General Information: Facts about Stachybotrys chartarum and Other Molds