Mold in Your Houston Rental: Tenant Rights and Landlord Obligations
Houston’s subtropical climate — characterized by high humidity, frequent rainfall, and warm temperatures year-round — creates ideal conditions for mold growth in residential buildings. When landlords fail to address water intrusion, plumbing leaks, or inadequate ventilation, mold contamination can develop rapidly, posing serious health risks to tenants and causing significant property damage.
Under Section 92.052 of the Texas Property Code, a landlord has a duty to make a diligent effort to repair or remedy a condition if: the tenant gives notice of the condition, the tenant is not delinquent in rent, and the condition materially affects the physical health or safety of an ordinary tenant. While Texas does not have mold-specific statutes, courts have consistently recognized that mold contamination resulting from unrepaired water intrusion can satisfy this standard.
If you discover mold in your rental property, the most important step is to provide your landlord with written notice of the condition. Under Texas law, notice must be in writing (email is generally sufficient) and should describe the mold condition, its apparent source, and any health symptoms you are experiencing. Send the notice via a method that creates a record — certified mail, email, or text message. Keep copies of everything.
After receiving proper notice, the landlord must make a diligent effort to repair the condition within a reasonable time. What constitutes ‘reasonable’ depends on the severity of the condition, but courts have generally found that seven days is reasonable for conditions affecting health and safety. If the landlord fails to act, the tenant has several potential remedies under the Texas Property Code, including: filing a complaint with the local health department, pursuing a repair-and-deduct remedy (limited to one month’s rent under Section 92.0561), terminating the lease if the condition renders the premises uninhabitable, and filing a lawsuit for actual damages, one month’s rent plus $500, court costs, and attorney’s fees.
In cases involving severe mold contamination, tenants may also have claims for personal injury damages if they can demonstrate that the mold exposure caused or exacerbated health conditions. Common health effects associated with mold exposure include respiratory symptoms, allergic reactions, sinus infections, and exacerbation of asthma. Medical documentation linking your symptoms to the mold exposure is essential to these claims.
If you are dealing with mold in your Houston rental property and your landlord has failed to act after receiving proper notice, contact Nixon Law PLLC. We represent tenants in mold claims and habitability disputes and can advise you on the most effective course of action to protect your health and your legal rights.
About the Author: Jonathon G. Nixon is the managing attorney of Nixon Law PLLC, a Houston-based litigation firm focused on property insurance disputes, construction defects, personal injury, and commercial litigation. Contact Nixon Law PLLC at (713) 482-1523 or jnixon@nixon-law.com.