Federal Mold Removal Laws

•   Federal law does not have any codes on landlord responsibilities about mold.
• Currently, there is no federal law covering a landlord's responsibilities concerning mold.
•  Some states 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 not delinquent at the time of giving the notice to remedy or repair.
• The tenant provides sufficient notice of the condition to the person who usually accepts rent.
• A tenant is not behind in rent payment at the time.
• The condition 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 reasonable time to remove the mold immediately after receiving a notice from the tenant if:
• The tenant sent the notice through certified mail or any other method that can be tracked.
• The tenant sent a second written notice within a reasonable amount of time after sending the first written notice.
• A tenant sent the notice through certified mail, 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 not required 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 written notice through certified mail, a return receipt, or any other traceable method.
•  Seven days is the generally accepted reasonable amount of time to do the repairs or remedy the problem.
•  Other metrics that can be used by the court to consider a different amount of time are:
• The date the notice was received by the landlord.
• The condition's nature.
• The 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.