Cedar Park, TX asked in Landlord - Tenant for Texas

Q: If I moved into an apartment and it had mold that the management never disclosed, should I get a lawyer?

We moved into the apartment. We found mold growing from behind the showers, we did a mold test and it grew mold, we asked management if there were any cases of mold and they said know. Neighbors have said they have mold and have told management before. We told them about the mold, and they wanted to paint over it. We cleaned it ourselves after taking a mold testing, which we're still waiting on results from.

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1 Lawyer Answer
Gregory Andrews Cade
Gregory Andrews Cade

A: At the moment, Texas does not have any federal law compelling landlords to disclose the presence of mold on a property. Therefore, the landlord is not responsible with informing tenants regarding this issue before signing the lease and cannot be held liable if mold is subsequently discovered in the apartment. Unless mold exposure results in a serious health problem, a personal injury lawyer will not be able to assist you, as there is no case to be pursued. The most common symptoms of mold exposure include shortness of breath, headaches, difficulty concentrating, fatigue, disorientation, a chronic cough, sinus congestion, and blurred vision. If you begin experiencing some of these symptoms, you should seek medical attention as soon as possible.

As for mold removal, it is best to have a professional company take care of it for you. In general, DIY attempts to get rid of mold are not effective, as mold will continue growing or will inevitable reappear after a while. In Texas, mold remediation does not fall under the landlord’s duties either, so you will have to support the cost of the cleanup yourself. If you have trouble settling this matter with the management, a landlord-tenant lawyer might be able to help you.

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