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What legal rights do I have if the landlord will not fix the mold problem?

What legal rights do I have if the landlord will not fix the mold problem?

Full question:

I have a mold problem and no ventalation at all in the house I rent. The landlord is planning on tearing the property down in a couple of years to build duplexes. He does not want to do any exhaust fans for us in the mean time. I want to know what legal rights I have?

Category: Landlord Tenant
Subcategory: Lease Violation
Date: 04/07/2025
State: Washington

Answer:

During the 2005 legislative session, the Washington State legislature
approved Engrossed Senate Bill (ESB) 5049, that requires landlords to notify
their tenants about mold.

Mold can impact human health. For some, mold’s impact can be profound.
Mold may trigger an attack in people with asthma. For people who are
allergic to mold, exposure may cause allergy symptoms (not unlike hay
fever). Mold and the mycotoxins they may produce are still a topic of
considerable debate; however mold should not be tolerated in the space
where you live.

Senate bill 5049 requires landlords to notify tenants about mold. For
example, landlords must supply information to tenants about:

1. The health hazards associated with exposure to indoor mold; and

2. Steps to take to control mold growth in their dwelling units.

Should you need additional information about mold, please contact one of
the following members of the Washington Department of Health Staff:

Laura White (360) 236-3090, laura.white@doh.wa.gov

Paul Marchant, (360) 236-3363, paul.marchant@doh.wa.gov

Also see:

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do I have to pay rent if my house has mold?

In Washington State, tenants may still be required to pay rent even if there is mold in the property. However, if the mold poses a health risk or violates the habitability standards, tenants might have grounds to negotiate a rent reduction or seek repairs. It's important to document the mold issue and communicate with your landlord. You may also want to consult local housing authorities or legal resources for specific advice.

What happens if you stay in a room with no ventilation?

Staying in a room with no ventilation can lead to increased humidity and moisture buildup, creating an environment conducive to mold growth. This can pose health risks, especially for individuals with respiratory issues. It's advisable to address ventilation problems with your landlord, as they may be responsible for ensuring a habitable living environment.

Can no ventilation cause mold?

Yes, lack of ventilation can cause mold growth. Without proper airflow, moisture can accumulate, creating ideal conditions for mold. In rental properties, landlords are typically responsible for maintaining adequate ventilation to prevent such issues. If you have concerns about mold due to poor ventilation, it's important to inform your landlord.

Whose responsibility is it to clean mold?

In Washington State, landlords are generally responsible for addressing mold issues, especially if they arise from structural problems or lack of maintenance. Tenants should report mold problems to their landlord, who is then obligated to take appropriate action. If the landlord fails to address the issue, tenants may have legal options available.

What level of mold is uninhabitable?

There isn't a specific mold level that universally defines a property as uninhabitable. However, significant mold growth that poses health risks, particularly in areas where tenants live, can render a property uninhabitable. Washington law requires landlords to maintain safe living conditions, so if mold is affecting health, tenants should take action.

Will ventilation get rid of mold?

Ventilation can help prevent mold growth by reducing humidity and moisture levels in a space. However, if mold is already present, simply adding ventilation will not eliminate it. Mold must be properly cleaned and removed, and then ongoing ventilation can help prevent its return. It's important to address both the existing mold and the underlying moisture issues.