Mold in a Rental in Houston: What to Do

What does Texas law say about mold in a rental?

Texas has no separate mold statute for renters. TexasLawHelp explains that mold is handled under the general repair law in the Property Code. Section 92.052 says a landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant when two things are true: the tenant gave notice to the person or place where rent is normally paid, and the tenant was not behind on rent when the notice was given.

There is an important limit. The landlord generally has no duty to repair a condition caused by the tenant, a lawful occupant, a family member or a guest, unless it comes from normal wear and tear. Mold from a roof leak, a failed AC drain or a plumbing leak inside a wall is a different situation from mold caused by a blocked bathroom fan the tenant never turned on.

This is general information, not legal advice. Every lease and situation is different, and a lawyer or legal aid office can tell you how the law applies to yours.

Step 1: Document what you see

Before you write to anyone, build a simple record:

• Date-stamped photos of the mold, any water stains and the likely source, such as a dripping supply vent or a soft ceiling under an upstairs unit.
• A short log of when you first noticed it, when it got worse and anything you already reported by phone or through a resident portal.
• A list of damaged belongings, with photos, in case you need it later.

Our guide to the common signs of mold indoors can help you describe what you are seeing, and the black mold facts guide explains why color alone doesn't tell you how risky a mold is.

Step 2: Give written notice the right way

TexasLawHelp recommends putting repair requests in writing. A phone call or text may feel faster, but a written notice is what protects you. If you send the first notice by certified mail, return receipt requested, or another method you can track, a second notice is generally not needed. Otherwise you may have to send a second written notice before some remedies become available.

A clear notice includes:

1. Your name, address and unit number.
2. Where the mold is and roughly how large an area it covers.
3. The water source if you know it.
4. A request that the landlord repair the source and remove the mold.
5. The date, and a copy kept for your records.

TexasLawHelp says seven days is usually seen as a reasonable time to make repairs, though a court may decide otherwise. If insurance covers the damage, the clock generally starts after the landlord receives the insurance money.

Step 3: What if the landlord doesn't fix it?

TexasLawHelp describes several options when a landlord does not repair in time after proper notice. A tenant may be able to end the lease, or go to court, where a judge can order repairs, reduce rent and award one month's rent plus $500, court costs and attorney's fees. Repair-and-deduct exists only in limited situations. For mold, it requires extra steps, such as an official like a city health inspector giving the landlord written notice that the condition materially affects health or safety, and TexasLawHelp does not recommend it without a lawyer's advice.

TexasLawHelp also notes that tenants who request repairs while current on rent are generally protected from retaliation for six months. Don't withhold rent on your own; falling behind can cost you the protections described above.

Who can I call in Houston?

The City's habitability work lists moisture and mold under an indoor air quality program in Chapter 10 of the Houston Code, with the Health Department as a partner. If you rent outside city limits, in places such as Pasadena or Baytown, check with that city or the county for the right office.

Should a tenant hire a mold inspector?

Usually you don't need to. EPA says that when mold is visible, sampling is generally unnecessary, and there are no federal limits for mold spores, so a lab report rarely settles a dispute on its own. Clear photos and a written notice often do more. An inspection can still be useful if you smell mold but can't find it, if a leak is hidden in a wall, or if you want an independent description of the problem. Anyone doing that work must hold a TDLR mold assessment license. The mold inspection service page and the guide comparing mold inspection vs mold testing explain the difference.

What should the landlord's repair look like?

Texas lets owners and their maintenance staff clean small mold areas themselves, and owners of residential property with fewer than 10 units don't need a TDLR license for their own property. On residential property with 10 or more units, which covers most Houston apartment complexes, remediation of 25 contiguous square feet or more of visible mold must be done by a holder of a TDLR mold remediation license. For any professional job, the company that assesses the mold cannot also remove it on the same project.

A sound repair fixes the water source first. EPA notes that porous materials such as carpet and ceiling tiles may have to be thrown away, and it advises against painting or caulking over mold. A fresh coat of paint over a stain that keeps coming back is a sign the leak was not fixed. When a mold company does a larger project, a post-remediation assessment checks the result, and the owner receives a Certificate of Mold Damage Remediation. The Houston mold remediation page and our guide to what happens during mold remediation describe the full process.

What about flooded rentals?

After Hurricane Harvey, the Houston Health Department recorded community concerns about landlords not completing mold remediation on flooded units and people living in flooded housing without it. EPA's disaster guidance says that if a flooded home could not be dried within 24 to 48 hours, you should assume mold is growing. If your unit took on water, give written notice right away and read our guide on mold after a Houston flood.

Protecting yourself in the meantime

Mold can irritate the eyes, skin, nose, throat and lungs. People with asthma or weakened immune systems should stay away from moldy areas, and anyone with health concerns should talk to a health professional. Keep the area dry where you can, run bathroom fans, keep humidity below 60 percent if you control the thermostat, and report any new leaks in writing as soon as you see them.

If you clean a small spot yourself while waiting for repairs, wear gloves and eye protection, use detergent and water on hard surfaces, and take photos before and after so the record still shows what you found. Don't throw away the landlord's materials, such as carpet or ceiling tiles, without asking first, and keep writing down each contact you have with the landlord or property manager until the repair is finished.