Landlord liability for mold in Florida There is currently no federal law that covers the landlord's responsibilities when it comes to mold. In addition, Florida does not have any laws that specifically address the obligations or responsibilities of the landlord when it comes to the prevention and remediation of mold. The summer always increases the number of Google searches for “Florida Mold Renters Rights”. If landlords don't fix a mold problem in their Florida rental unit, the law offers tenants two options.
The first option is known as “repair and deduct”. With this option, tenants can take care of cleaning up the mold themselves and then deduct the costs from the rent amount. The state of Florida has no specific mold laws that protect residents from exposure to mold. However, there are current guidelines in the published literature that can be used to help a person who has mold problems on their property.
You can also use current laws for tenants that govern real estate and leasing under Florida landlord and tenant laws and for homeowners under seller confidentiality laws and laws on construction defects. If you buy a home and discover that there is mold that the seller didn't disclose to you, you can use a legal remedy against you because of the state and history of the property. Mold inhibitors work by effectively preventing mold spores from adhering to painted surfaces and growing. On the one hand, there will always be mold in your home in the form of spores and pieces of mold cells.
While federal law requires that information be disclosed about lead paint, it does not impose a similar obligation on homeowners when it comes to mold. If you live in the “Sunshine State,” you should know that Florida's climate is a magnet for mold problems. However, remember that, although most molds are not harmful to health, it takes an expert to know if a particular mold is dangerous or simply annoying. Using fans or opening windows helps remove moisture that could easily stick to ceilings and walls and provide a breeding ground for mold growth.
That said, tenants can still try to recover damages from the landlord in court if they have been affected by the high concentration of mold in the units. If the court finds that the damage caused by the mold was the result of the landlord's negligence, the landlord could face heavy penalties. It has become the topic of school closures, demands and the impetus for the growth of a “new industry, mold testing and remediation.” If you are a renter, you should first contact your local county code office to see if your county considers mold to be a reason to label a property as “non-leasable.” Hurricane season is always a promising season, and for those who live in a rented space, it can be difficult to work through repairs with the landlord, such as water damage, leaks and possible mold. While the landlord requires the landlord to disclose lead paint, there are no regulations or statutes that require similar disclosure when it comes to mold contamination.
