Mold and the Implied Warranty
A rental property that someone lives in is considered uninhabitable under Colorado law if there is mold present due to damp conditions that if left unaddressed could significantly affect the health or safety of tenants. Most properties may have some minor signs of mold, especially on surfaces prone to moisture accumulation and this does not necessarily render the premises uninhabitable.
If you are a landlord or property manager that receives notice from a tenant of mold, what should you do? It is important to talk to an attorney as this article cannot represent legal advice and cannot cover all scenarios. However, generally, under the law, a landlord must get back to the tenant within 24 hours and start remediation of the mold in a timely manner. Within 72 hours, immediate actions must include containing the mold, addressing the water sources, and reducing tenant exposure to the mold by using high-efficiency particulate air (HEPA) filtration. If the mold significantly interferes with the tenant’s health or safety, the landlord must provide at the tenant’s request, alternative accommodations of a comparable dwelling or hotel room until the remediation is complete. If the accommodations do not include a kitchen, the landlord should also pay a stipend for food. The condition should not continue for 7 or 14 days depending on the severity of the condition or there could be a presumption of a breach of warranty. It is important to not ignore notice of mold or wait until a building contractor can get around to viewing the rental property. Act quickly and seek expert advice on how to contain, dry and remediate the property correctly.
After taking care of the immediate danger, the landlord should continue ongoing measures of continuously maintaining containment of the mold, drying of the affected materials, and if necessary, decontaminating or safely removing damaged materials that cannot be safely repaired. This article is not inclusive of the law on implied warranty of habitability and laws change.
Please contact attorney Cindy Manzano regarding mold and the implied warranty of habitability. See, Safe Housing for Residential Tenants and Colorado Revised Statutes, Section 38-12-505 for more information on the current law.
