Who pays for the remediation, the damaged furniture, and the hotel bill? A guide to determining liability in rental properties.
A landlord is generally only liable for damages if they knew about the defect (or should have known) and failed to fix it within a reasonable time. This is the legal standard of Negligence.
1. Proving Negligence (Notice)
Mold alone does not make a landlord guilty. To win a case or force repairs, you must prove Constructive Notice.
- Did you tell them? If there is a leak under the sink and you didn’t report it for 3 months, the resulting mold is your fault.
- Did they ignore it? If you reported a roof leak in writing and they waited 30 days to fix it, allowing mold to grow, that is their fault.
2. The “Who Pays for What” Matrix
Assuming the landlord is at fault (structural failure), here is how costs are typically split.
| Expense | Who Typically Pays? | Why? |
|---|---|---|
| Mold Removal (Walls) | Landlord | It is part of the physical building structure. |
| Damaged Clothes/Sofa | Tenant / Insurance | Landlords are rarely liable for personal property unless gross negligence is proven. |
| Plumbing Repair | Landlord | Maintenance of infrastructure. |
| Medical Bills | Tenant | Extremely difficult to link specifically to the mold in court without expensive expert testimony. |
3. Personal Property & Insurance
This is the hardest pill for tenants to swallow. If a pipe bursts and ruins your $2,000 leather couch with mold water, the landlord usually does not have to pay for the couch.
Your landlord’s insurance covers the building. Your Renters Insurance covers your stuff. If you do not have renters insurance, you are likely out of luck for damaged belongings.
4. Common Scenarios
Rainwater enters through a bad roof. The tenant reported water stains on the ceiling. Landlord delayed.
Verdict: Landlord pays for everything.
There are no leaks. Mold grows on the bathroom ceiling because the tenant takes long showers and never turns on the exhaust fan.
Verdict: Tenant pays for cleaning.
5. Displacement & Hotel Costs
If the mold is so severe that you cannot sleep there (uninhabitable), does the landlord have to pay for a hotel?
- Standard Practice: Most landlords will pro-rate your rent. For example, if you can’t live there for 5 days, they deduct 5 days of rent from your bill. You use that saved money to book a hotel.
- Luxury Clauses: Some leases require the landlord to pay for a hotel directly, but this is rare. Check your specific lease agreement under “Casualty” or “Displacement.”