Prepared for Sophia R. | Delivered March 23, 2020
Texas Laws: Mold Remediation, Water Damage, Repair, and Remodeling
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To research mold remediation laws, water damage laws, and laws concerning remodeling or repair negligence in Austin, Texas.
Federal Mold Removal Laws
does not have any codes on landlord responsibilities about mold.
Currently, there is
no federal law
covering a landlord's responsibilities concerning mold.
that have legislated mold regulation concerning landlords are Texas, Virginia, New Jersey, and Maryland.
Mold Removal in Texas
Landlords in Texas are given the
duty to fix mold issues
from rental properties in Texas.
Landlords should remove the conditions that
affect the physical health and safety
of an ordinary tenant if:
The tenant, tenant's family, or tenant's guests have not
caused the condition.
The landlord has
written a proper notice
of the condition.
The tenant is
at the time of giving the notice to remedy or repair.
provides sufficient notice
of the condition to the person who usually accepts rent.
A tenant is
not behind in rent payment
at the time.
materially affects the safety
, physical health, and well-being of an ordinary tenant.
This depends on
how the notice is sent
to the landlord and the circumstances of the condition and repair.
The landlord has a
to remove the mold immediately after receiving a notice from the tenant if:
The tenant sent the notice through
l or any other method that can be tracked.
The tenant sent a s
econd written notice
within a reasonable amount of time after sending the first written notice.
A tenant sent the notice through
, a return receipt, or other method of tracking.
If the first notice is sent by certified mail, through a return receipt, or any other method of tracking, the tenant is
to send a second notice to the landlord.
It is important to try getting the problem fixed soonest by
calling or talking
with the landlord.
However, for a tenant to protect their rights under Texas law, it is important that they give the landlord a
through certified mail, a return receipt, or any other traceable method.
is the generally accepted reasonable amount of time to do the repairs or remedy the problem.
that can be used by the court to consider a different amount of time are:
the notice was received by the landlord.
availability of resources
such as labor, materials, and access to utilities.
More detailed information on renters' rights to repair in Texas can be found on the following websites.
Office of the Attorney General
The Texas Apartment Association.
Austin Tenant’s Council.
Summary of Early Findings
Our first hour of research was spent scanning for information surrounding mold remediation laws, water damage laws, and laws concerning remodeling negligence or repair negligence in Texas. We determined that the requested information is publicly available.
In the early findings, we have included information on the landlord's liability to remove mold and the amount of time that they have to remove the mold.
We concluded that similar laws apply throughout Texas and focused on Texas as a whole during our research. Since the research revealed that there are no federal laws or codes specific to mold removal by landlords, we focused on the state laws.
Since the requested information is more related to mold removal, our proposed next steps will focus more on mold removal.
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