Missouri is home to the tallest monument in America, the Gateway Arch. Tourists from throughout the country travel to see the view from this amazing structure, which overlooks one of Missouri’s large cities, St. Louis. Although Missouri’s rich history as the “gateway” to the West is known throughout the nation, Missouri residents also need to know about something a bit more practical: their rights as tenants. One of the many problems that can plague tenants is the existence of mold in their homes. Understanding their rights will help to provide them with a clean, healthy indoor environment.
Mold is considered a biological contaminant and, if present in a home, can cause health problems as well as structural damage. Exposure to mold can result in a reaction that is comparable to an allergic response. Many of the symptoms include itchy, watery eyes, throat irritation, cough, bloody noses, nasal congestion, sneezing, rash, and flu-like afflictions. Some of the more severe reactions to mold exposure include damage to the kidneys, immune system, nervous system, and brain. It can exacerbate existing respiratory illness (i.e. asthma) and in some cases result in death. Those more severely affected by mold exposure include immunocompromised people, children, and the elderly. If anyone suffering from the above health conditions is living in the structure, it is imperative to ensure that mold is not present. This can become an issue since in many cases mold can grow in areas not seen by the tenants. The only thing mold needs to develop is moisture. Mold could very well be growing in a home for days, weeks, months, or even years before detection. Hiring a professional to do a mold inspection and mold testing can help determine if your indoor environment is a safe one, or determine the scope of an existing problem.
Some states have established legislation that deals specifically with the presence of mold in a rental unit. Missouri, however, is not one of these states. Fortunately, Missouri does have a “Warranty of Habitability” clause which requires landlords to maintain a safe environment for their tenants. The damaging effects of mold could in fact make a home uninhabitable, and proper mold removal would be necessary.
The case of April Lynn and her family chronicles the struggle Missouri tenants have had with combating mold in their homes. The Lynn’s claim that due to water damage in their home, mold began to fester within the unit’s walls. It caused several problems for the Lynn family, including upper respiratory problems as well as bloody noses. After they explained their problem to the landlord, he determined he was not liable for the cleanup and denied them reimbursement. The Lynns are now struggling to get back on their feet and have since moved to another rental. They say that their symptoms have started to dissipate; however, they still suffer from several respiratory ailments. This story is just one example as to why it is important to perform proper mold inspection and mold testing prior to renting a home or apartment. This can be used as a preventative measure to ensure quality of life and structural integrity prior to move-in.
According to the Landlord/Tenant Law Handbook there are a few ways to ensure that your rights are not violated and that necessary repairs will be made by the landlord. The best way to do this is to have a written agreement or addendum in your lease. The agreement will indicate what repairs are the responsibilities of your landlord, and what your obligations are as the tenant. The landlord should in fact be responsible for repairs as a result of normal wear and tear and natural forces, such as the weather. This would include issues involving improper weather proofing of windows, doors, insulation, and other areas where water seepage might occur. Leaks and other moisture intrusions into the unit should then be fixed by the landlord. If a landlord fails to fix a water intrusion it could be argued that their negligence resulted in the mold growth that is most likely growing in the home. If this is the case, then it would be the landlord’s responsibility to fix the mold issue as well. Again, make sure to get this in writing prior to signing your lease. This will allow for future repairs to be done quickly and efficiently, without denial by your landlord. All repairs agreed upon in your lease should be done within a reasonable period of time, usually 14-30 days, depending on the agreement. If the repairs are not made during this period of time, make sure to send a written complaint to your landlord asking them to fix the issue. Keep a copy of the letter and make sure to send it via certified mail. This will allow you to have a receipt indicating the landlord physically received the letter.
In some cases you may be able to make the repairs yourself, or hire a professional and then deduct the cost from your rent. In order for the tenant to qualify to do this kind of repair procedure they must fit the following criteria: have lived on the property for at least six months, be up to date on all rent for previous months, not be in violation of the lease, have notified the landlord of the issue, and have allotted 14 days for the landlord to fix the problem. Again this option is situational and it is advised that you speak with a lawyer prior to taking any further steps. If you do this without discussing your options with a lawyer, you risk eviction from the property and may be required to pay rent even if you are no longer living there.
Although Missouri law does in fact give its tenants an “implied warrant of habitability” it is still best to perform the proper mold inspection and testing prior to entering a lease. To ensure that any future mold issues can be resolved by the responsible party, it is advised that a written agreement be signed by both the tenant and the landlord that indicates who is responsible for such damage. As a tenant in the state of Missouri, it is your right to live in a healthy home, and you should not have to pay the consequences for another’s negligence.
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