Mold in Apartments

Who’s Responsible for Mold in a Rental?

Responsibility depends on why the mold is there. Most of the time, the landlord is responsible for fixing leaks and structural issues — but not always.

According to HUD, landlords must maintain rental units in a habitable condition — which includes managing water damage and mold.

The U.S. Government’s Tenant Rights Portal confirms that landlords are usually responsible for maintenance that ensures a safe and livable environment.

Landlords are usually responsible if mold is caused by:

• Roof leaks
• Broken pipes
• Poor ventilation
• Faulty HVAC systems
• Foundation cracks or exterior drainage issues

Tenants may be responsible if mold is caused by:

• Not reporting leaks quickly
• Blocking air vents
• Letting water sit (like spills or overflowing bathtubs)
• Poor housekeeping

Each state has its own tenant-landlord laws, so be sure to check your local code enforcement office or a tenant advocacy group for details. You can start by visiting the CFPB Housing Help page for more information.

What Should Tenants Do If They Find Mold?

First thing: don’t panic — but act quickly.

Step 1: Document the issue

• Take photos or video of the mold
• Write down any leaks or musty smells
• Note if anyone is experiencing health symptoms

Step 2: Notify your landlord

• Send a written notice by email or certified mail
• Keep a copy of all communication

The EPA stresses the importance of addressing mold early to avoid further damage and health issues.

If you don’t hear back, contact your local housing code enforcement or file a formal complaint at usa.gov/housing-complaints.

Can Mold Make an Apartment Uninhabitable?

Absolutely.

The CDC warns that mold can worsen asthma, trigger allergies, and cause irritation of the eyes, nose, throat, and lungs.

If mold makes your unit unsafe to live in, depending on your state laws, you may be able to:

• Break your lease
• Withhold rent (where legally allowed)
• Request temporary relocation

Before doing any of that, talk to an attorney or your local tenant rights organization.

Landlord Responsibilities for Mold

If a tenant reports mold, the landlord must take action. Here’s what that should look like:

1. Inspect the issue
2. Fix the water intrusion (leak, poor ventilation, etc.)
3. Clean or remove contaminated materials
4. Keep documentation of everything

OSHA reminds building managers that cleaning mold without stopping the moisture source is only a temporary fix.

If ignored, landlords may be held liable for property damage or tenant health issues.

Can You Break a Lease Because of Mold?

In some cases, yes.

If your apartment has mold and your landlord refuses to fix it, you may be able to break your lease legally — especially if a health condition is involved.

Some states allow tenants to claim “constructive eviction,” meaning they can leave if the unit becomes uninhabitable.

Before walking away, be sure to:

• Get documentation of the mold
• Provide written notice
• Speak with a legal professional

What If the Mold Is the Tenant’s Fault?

If the tenant caused the mold due to poor maintenance or negligence, they may be held responsible for cleanup.

Landlords should:

• Document the issue
• Provide written warnings
• Outline expectations in the lease

Some landlords deduct mold cleanup costs from security deposits in these cases.

Do You Need to Test for Mold in Apartments?

Usually, no.

The EPA says if you can see or smell mold, testing isn’t necessary.

Testing may be useful if:

• There’s a legal dispute
• Health symptoms are ongoing
• Mold is suspected but not visible

For most cases, focus on fixing the water issue and removing the mold.

Health Risks of Mold in Apartments

Mold can affect anyone — but especially those with:

• Asthma
• Allergies
• Compromised immune systems
• Chronic respiratory conditions

According to the CDC, exposure to mold can cause:

• Coughing
• Wheezing
• Skin irritation
• Headaches
• Sinus congestion

Children, elderly residents, and those with health conditions are more vulnerable.

Can You Sue a Landlord for Mold?

Yes — in certain cases.

If mold growth leads to health problems or property loss, and the landlord failed to act, legal action might be appropriate.

Tenants have sued landlords for:

• Medical bills
• Damage to personal items
• Relocation costs
• Pain and suffering (rare, but possible)

Before going down this road:

• Gather evidence (photos, doctor visits, communication records)
• Get an inspection or third-party opinion
• Try to resolve it outside of court first

Bottom Line

Whether you rent or manage a property — mold in apartments is serious business.

✅ Tenants: Report it early. Protect your health. Document everything.
✅ Landlords: Don’t wait. Fix the moisture source. Avoid legal risk.