ByMold infestations in rental properties pose significant health risks and legal challenges, particularly in humid regions like Dallas, Texas. A recent case involving a tenant at The Margaret at Riverfront, managed by Willow Bridge Property Company, underscores the importance of understanding landlord-tenant laws in Texas.
The Case of The Margaret at Riverfront
In August 2024, a tenant moved into a newly constructed apartment at The Margaret at Riverfront in Dallas. Within weeks, she began experiencing health issues, including fatigue and allergy symptoms, which she suspected were due to mold. Despite multiple maintenance visits and requests for mold testing, the issues persisted. Eventually, visible mold was discovered in her bathroom, leading her to seek legal counsel. This case highlights the challenges tenants may face when addressing mold problems with their landlords.
Landlord Responsibilities Under Texas Law
Texas law mandates that landlords must repair conditions that materially affect the health or safety of tenants. This includes issues like mold, plumbing leaks, and pest infestations. Tenants must provide proper notice and be current on rent for these obligations to take effect.
Tenant Rights and Remedies
Tenants in Dallas have several options if landlords fail to address mold issues:
- Request Repairs: Provide written notice to the landlord and allow a reasonable time (typically seven days) for repairs.
- Repair and Deduct: If the landlord fails to act, tenants may make the repairs themselves and deduct the cost from rent, following specific legal procedures.
- Terminate Lease: In severe cases, tenants may have the right to terminate the lease and move out.
- Legal Action: Tenants can file a lawsuit to compel repairs or seek damages.
Dallas’s Enhanced Landlord Regulations
Recognizing the health risks associated with mold and other issues, the Dallas City Council enacted stricter maintenance regulations effective January 2025. Landlords are now required to address mold, and bed bugs, and maintain air conditioning systems to prevent indoor temperatures from exceeding 85 degrees. Non-compliance can result in fines and other penalties.
Preventing Mold in Rental Properties
To minimize mold growth, landlords and tenants should:
- Control Humidity: Maintain indoor humidity levels between 30% and 50%.
- Promptly Address Leaks: Fix plumbing and roof leaks immediately.
- Ensure Proper Ventilation: Use exhaust fans in bathrooms and kitchens.
- Regular Inspections: Conduct routine checks for signs of moisture and mold.
Conclusion
Mold issues in rental properties are a serious concern in Dallas, Texas. Understanding landlord-tenant laws is crucial for both parties to ensure healthy living conditions and legal compliance. Tenants should be proactive in reporting issues, and landlords must respond promptly to maintain safe and habitable housing.
