Mold in Your Florida Apartment: What Are Your Landlord's Legal Responsibilities?

Mold can be a serious issue in Florida, where the warm, humid climate creates ideal conditions for its growth. For tenants, dealing with mold in an apartment can pose health risks and cause damage to personal property. But who is responsible for addressing the problem? Here, we’ll explore the legal responsibilities of landlords when it comes to mold in Florida rental properties.

Florida Law and Landlord Responsibilities

Under Florida law, landlords are required to maintain their rental properties in a condition that meets the “himplied warranty of habitability.” This means the property must be safe, sanitary, and suitable for occupancy. While Florida statutes do not explicitly mention mold, issues related to mold may fall under this general obligation if they affect the tenant’s health or safety.

Landlords are also responsible for ensuring that structural elements like roofs, windows, and plumbing are in good repair. Because mold often results from leaks or high humidity, failure to address these underlying issues may make the landlord liable for mold remediation.

When Is the Landlord Liable?

A landlord’s responsibility for mold depends on the circumstances. They are typically liable if:

The mold results from maintenance issues, such as a leaking roof or broken plumbing, that the landlord failed to address.

The landlord knew or should have known about the issue and did not take reasonable steps to fix it.

Florida law requires tenants to notify landlords in writing about any maintenance issues. Once notified, landlords must make repairs within a “reasonable” timeframe, which is usually considered to be seven days.

Tenant Responsibilities

Tenants also have responsibilities when it comes to mold. They are generally expected to:

Keep the apartment clean and ventilated to prevent mold growth.

Report leaks, water damage, or other conditions that could lead to mold as soon as possible.

If the tenant’s negligence—such as failing to report a leak or not properly maintaining the property—contributes to mold growth, the landlord may not be held responsible for remediation.

What to Do If You Find Mold in Your Apartment

If you discover mold in your apartment, follow these steps:

Document the Issue: Take photos or videos of the affected areas.

Notify Your Landlord in Writing: Include a detailed description of the problem and request repairs.

Allow Access for Repairs: Provide reasonable access for the landlord or contractors to inspect and address the issue.

Call Code Enforcement if Necessary: If your landlord fails to resolve the issue, contact your local code enforcement agency. They can inspect the property and may issue a violation notice to the landlord.

Consider Legal Action if Necessary: If the landlord still fails to address the problem, you may have grounds to withhold rent, break your lease, or seek legal remedies. Consult an attorney to explore your options.

Health Risks of Mold

Exposure to mold can lead to a range of health issues, particularly for those with allergies, asthma, or weakened immune systems. Common symptoms include respiratory problems, skin irritation, and headaches. If mold poses a serious health risk, it’s crucial to act quickly and consult a professional for testing and remediation.

Seek Legal Advice

If you’re dealing with a landlord who refuses to address a mold problem, legal guidance can be invaluable. At Korte & Associates, we specialize in landlord-tenant disputes and can help you understand your rights and options. Contact us today to schedule a consultation.

Dealing with mold is never pleasant, but knowing your rights and responsibilities can help you resolve the issue effectively and ensure a safe, healthy living environment.