What to Do When Your Landlord Won’t Fix Mold

You pay rent every month, expecting your home to be safe. But if you discover mold or a musty smell, you may be wondering what to do when your landlord won’t fix mold.

Unfortunately, it’s a common problem. Many landlords want to maximize their profits, and mold remediation is expensive. As a result, some property owners blame the tenant or try “band-aid” solutions like painting over mold, which doesn’t fix the problem and can leave you gasping for breath from mold-related asthma or other respiratory problems.

If you find mold in your rental and your landlord refuses to act, your landlord may be breaking Colorado and Florida laws, which require homes to be habitable. There may be remedies available to you, and you can find out more by contacting Flaxman Law Group for a consultation.

Why Mold Problems Should Never Be Ignored

Mold inside an apartment is a warning sign that your home may be unsafe. In Florida and Colorado, the risk is especially real. In Florida, our high humidity and frequent storms create the perfect breeding ground for mold growth. After a summer downpour in Miami or Fort Lauderdale, it can take just a day or two for moisture trapped in drywall or carpeting to lead to a spreading colony.

In Colorado, the issue often comes from frozen or burst pipes in winter or summer thunderstorms that seep into older buildings.

Ignoring mold doesn’t make it go away. In fact, the longer mold sits untreated, the more extensive the damage can become. Tenants may find their furniture ruined, their clothing stained, and their health declining. What starts as a small patch behind a kitchen sink can quickly turn into an infestation that spreads through ventilation systems and walls.

At Flaxman Law Group, we often hear from tenants who initially thought they could manage the problem with a little bleach or ventilation, only to discover the issue was far more dangerous than they realized. Mold should be taken seriously from the first sign. Not only can it damage your health and belongings, but it may also signal that your landlord has failed in their legal duty to maintain safe living conditions.

Health Risks of Prolonged Mold Exposure

The impact of mold exposure isn’t always immediate, and the symptoms can be subtle at first, which is why so many tenants underestimate the danger. Over time, prolonged exposure can cause or worsen:

• Respiratory issues that lead to wheezing, persistent cough, or shortness of breath.
• Allergic reactions, which can present as a runny nose, itchy eyes, and skin irritation.
• Fatigue and headaches. Living in a mold-infested environment often leads to lingering, unexplained exhaustion.
• Serious complications. Black mold and other strains can trigger neurological issues, severe infections, or even hospitalization in extreme cases. There have even been cases where black mold has been linked to fatalities and wrongful death cases.

Even after cleaning, spores can remain in the air or deep inside walls, meaning symptoms can continue unless the source is fully remediated. That’s why it’s so important to document your health concerns and seek legal advice if your landlord isn’t addressing the problem.

Signs Your Landlord May Be Neglecting a Mold Issue

Some landlords hire remediation experts at the first sign of mold, but some dismiss complaints as “normal humidity” or “just dust.”

Here are signs that your landlord may be neglecting their legal obligations:

• Delayed repairs. You’ve reported leaks, water damage, or visible mold, and weeks go by without action and no communication about when mold remediation will take place.
• Surface fixes only. The landlord sends maintenance to wipe down walls or apply paint without addressing the underlying moisture problem. This allows mold to continue to flourish, putting your health at risk.
• Retaliation threats. Instead of fixing the problem, your landlord suggests you should move out or threatens eviction if you press the issue. Your landlord may also threaten to charge you extra fees or increase rent to fix the problem.
• Refusal to test. Landlords may avoid professional testing because they don’t want documentation of a problem they’re legally required to fix.

If your landlord is minimizing the situation, it may be time to involve a lawyer who understands tenant rights and has experience with landlord-tenant disputes.

Your Rights as A Tenant Under State Law

Both Florida and Colorado require landlords to provide habitable living conditions. In Florida, state law requires landlords to comply with housing, building, and health codes. Landlords must maintain roofs, windows, plumbing, and air conditioning in good working order. They must also remove health hazards such as mold. If a landlord refuses to make necessary repairs after being notified, tenants may have the right to withhold rent or terminate the lease.

Under the “Warranty of Habitability,” Colorado landlords must provide tenants with premises fit for human habitation. This includes protecting against mold hazards caused by water intrusion or poor maintenance. If a landlord ignores written notice of mold, tenants can request repairs, break the lease, or seek legal remedies, although it is important to always follow the legal processes to avoid eviction.

In both states, tenants cannot be forced to live in unsafe, unhealthy conditions. The law is on your side, but asserting those rights is difficult without help from a toxic mold attorney.

Steps To Document the Mold Problem

If you suspect mold in your rental, one of the most powerful tools you have is documentation. The sooner you start gathering evidence, the stronger your case becomes if legal action is necessary. Here are steps we recommend:

1. Take photos and videos. Capture the mold growth from different angles and note its size and location. Use time stamps on your photos and videos or at least note the time and date you capture the images. Update your photos as the problem spreads. Also photograph leaks, water stains, or condensation that may be fueling mold growth.
2. Track your health symptoms. Keep a journal of headaches, breathing issues, or doctor visits. Request copies of medical records linking your health concerns to mold exposure.
3. Notify your landlord in writing. Always communicate in writing so you have proof of when you reported the problem. Keep any replies from your landlord.
4. Save receipts. If you’ve had to purchase air purifiers, replace clothing, or pay for medical treatments, save all related receipts.
5. Get professional testing if possible. Independent mold inspections can provide powerful evidence, especially if the landlord refuses to test.

One of the best things you can do is to work with a toxic mold attorney. Your attorney can hire a mold testing professional to determine the scope of the problem and can gather evidence for you. Your lawyer can also explain whether you have a premises liability claim, whether meditation is best, or what other option may help you pursue your best interests.

How To Formally Notify Your Landlord About Mold

The first step in addressing mold is creating a paper trail. Verbal complaints often get brushed aside, but a written notice proves that you acted responsibly and can even stand up in court.

Always put your notice in writing as soon as you see the first signs. Here’s what to include in your letter or email:

• A description of the problem. Be specific about where the mold is growing and what conditions caused it (such as a roof leak, burst pipe, or humidity issues).
• Evidence. Attach photos or short videos. Date them if possible.
• Request for action. Ask for professional remediation, not just cleaning or painting over the issue.
• Reasonable deadline. Give your landlord a clear timeframe to respond. About 7–14 days is reasonable.

Send the notice by certified mail or email with a read receipt, and keep a copy for your records. This shows that you gave the landlord an opportunity to fix the problem.

When And How to Involve Local Housing Authorities

In both Florida and Colorado, agencies oversee housing safety and enforce code violations. In Florida’s Miami-Dade, Broward, and Palm Beach Counties, tenants can contact local code enforcement if mold is making the property unsafe. In Colorado, cities like Denver and Boulder have housing inspectors who can investigate mold complaints and can issue violation notices or even fine landlords who fail to provide habitable housing.

When you involve housing authorities:

1. Submit your prior documentation. Include your written notice, photos, and any health records.
2. Ask about inspections. In many cities, inspectors will visit the property and issue a formal report.
3. Keep communication professional. Treat inspectors as allies and provide clear, factual information.

An official inspection report can carry significant weight in court or negotiations, especially if your landlord claims the problem isn’t serious.

Options If Your Landlord Still Refuses to Act

If you’ve tried to resolve the problem and your landlord still refuses to act, you may have several options:

• Withholding rent. In Florida, tenants may be able to withhold rent after giving proper written notice if repairs are not made. In Colorado, tenants may be entitled to withhold rent or pay for repairs and deduct costs. However, you should seek legal guidance before taking action to avoid eviction risks.
• Meditation. Sometimes, when you get a toxic mold attorney involved, the landlord will agree to take action to prevent a costly lawsuit.
• Breaking the lease. If mold makes your home uninhabitable and your landlord fails to respond, you may have the right to move out without penalty. Again, you will want to work with an experienced attorney to make sure you are not penalized.
• Filing a lawsuit. Tenants may sue landlords for negligence, breach of contract, or violations of state housing laws. Some tenants may even have third-party claims, such as a product liability claim against a negligent HVAC system manufacturer. Claims, if you qualify, can help you secure reimbursement for damaged belongings, medical bills, and relocation costs.

At Flaxman Law Group, we can explain what options may be best for your needs and we can represent you to make sure your landlord doesn’t retaliate.

Recovering Costs for Mold-Related Damages

Tenants often face unexpected costs due to mold, and if they have a personal injury claim, premises liability claim, or other avenue to compensation, they may be able to seek compensation for:

• Medical bills for any condition caused by the mold exposure.
• Property loss, including compensation for replacing mold-tainted clothing, mattresses, electronics, and other items.
• Lost wages, if you had to lose time at work to deal with the mold issue.
• Temporary housing and storage costs if the apartment becomes uninhabitable during remediation.
• Incidental costs, like the extra utility costs of running dehumidifiers, air purifiers, or extra AC to combat humidity.
• Pain and suffering.

At Flaxman Law Group, we have over 60 years of combined experience across practice areas. With our background in insurance defense and adjusting, we know exactly how these companies operate, and how to counter their tactics.

When To Contact a Toxic Mold Or Landlord-Tenant Lawyer

You don’t need to wait until your situation spirals out of control to seek legal help. The earlier you involve a lawyer, the more options you’ll have.

Here are signs it may be time to call:

• You’ve reported mold, but your landlord hasn’t acted within a reasonable timeframe.
• Your health or your children’s health is getting worse.
• Housing inspectors confirmed mold, but nothing is being done.
• You’ve spent significant money replacing belongings or paying medical bills.
• Your landlord is threatening eviction instead of fixing the problem.

If you’re not sure whether a lawyer can help, contact Flaxman Law Group for a consultation. We can give you an honest assessment of what you can do next and how we may be able to help.

How Flaxman Law Group Can Help Protect Your Rights

Flaxman Law Group is a family-run firm that offers something rare: the results and resources of a large practice combined with the personal attention of a small one.

So wondering what to do when your landlord won’t fix mold? Contact Flaxman Law Group to schedule a consultation.