Texas Laws: Mold Remediation, Water Damage, Repair, and Remodeling

Goals

To research mold remediation laws, water damage laws, and laws concerning remodeling or repair negligence in Austin, Texas.

Early Findings

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

  • 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:

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.

Proposed next steps:

You need to be the project owner to select a next step.
Since the initial research touched on whether a landlord has to remove mold from rental property and the time they have to remove the mold, we are suggesting further research that provides options that a tenant has if the landlord refuses to remove the mold and any legal actions that they can take, what a tenant should do if their health is harmed by hazardous mold (for example, whether they can sue the landlord), what happens is the tenant caused the mold problem, and whether a tenant can remove the mold and reduce the amount that they pay in rent.
We are also suggesting additional research that provides, One: 5-7 insights surrounding water damage/flood damage laws in Texas concerning landlords, tenants, and renters. These can include the extent/severity of water damage for which the landlord should repair, what to do if the tenant or landlord is responsible for the damage and any other relevant laws. Two: 5-7 insights on laws regarding remodeling or repair negligence of rental property by landlords in Texas. These can include information such as the liability for injuries, reasonable time for repairs, and any other applicable laws.