Laws Regarding Mold and Rental Properties in New Jersey - Mold Inspection Freehold

Laws Regarding Mold and Rental Properties in New Jersey - As a landlord who owns or manages a rental property in New Jersey, you must be aware of the local laws and regulations concerning the presence of mold. This environmental hazard can’t be ignored, even though it may seem like a harmless concern. Mold proliferates in warm, damp places, growing out of control in bathrooms, basements, and attics – anywhere that features poor ventilation or humidity.

Mold can result from anything from spills to plumbing leaks, and as the manager of a building with several units, it’s impossible to know what’s growing where! You don’t want to be held responsible for expensive clean-ups and repairs that are not your fault, so be aware of your rights and responsibilities. Taking a proactive approach to the presence of mold is always smart.

Mold - Tenant Rights

Your tenants have rights when it comes to mold. If they discover mold in their apartment, they can engage in “rent withholding.” This means they just stop paying their rent due to what they perceive as unsafe conditions. Another option they have is to claim “repair and deduct.” This allows them to get the mold removed on their own dime, then deduct that expense from their rent.

Mold - Your Liability

As a landlord, you should know that there is no federal law covering a landlord’s responsibilities when it comes to mold. In addition, there are no laws that address your duty or liability for mold prevention and remediation. Your tenants could take you to court to recover damages for compensation. If the judge says you are negligent in causing or allowing the mold problem to grow, you will have to pay up.

Mold Disclosure

Under current New Jersey law, you as the landlord do not have to disclose high concentrations of mold in rental properties to potential buyers or tenants. All you must do is notify them if the property sits in a flood zone. When it comes to the presence of lead paint, federal law does require landlords to disclose that information.

Be prepared to address any questions you get from potential tenants when you list the property for sale or rent. They may ask about plumbing, humidity, ventilation and previous water damage.

Check out more information on landlord disclosure requirements in New Jersey here: New Jersey Required Landlord Disclosures.

Deducting Amounts from Security Deposits

One defense you have in recovering costs is the security deposit. If your tenant leaves at the end of the lease and you discover mold problems that weren’t there at the beginning, you can legally deduct the cost of mold detection and removal from their security deposit. All you have to do is give them a written explanation of the mold damage costs within 30 days of their lease termination. Then, if the amount is less than the total security deposit amount, you must provide the remainder of their deposit.

For more information on mold inspection and testing, as well as your rights as a landlord in New Jersey, call Stock Environmental Consulting at 732-383-5190.