Is my landlord responsible for black mold in my rental?

Generally yes. Landlords must remove conditions that threaten a tenant's health. Louisiana's implied warranty of habitability and Texas Property Code Sec. 92.056 both make landlords responsible for conditions that materially affect a tenant's health or safety, as long as the tenant did not cause the problem, gave proper notice, and is current on rent.

How long does my landlord have to fix the mold?

A landlord gets a reasonable time after notice, often considered about seven days, though the severity of the infestation and the availability of materials and labor can extend it. Sending written notice by certified mail documents when the landlord learned of the problem.

Landlord Liability for Black Mold in a Rental

Last reviewed: June 5, 2026 Morris & Dewett Injury Lawyers

Black mold usually refers to Stachybotrys chartarum, a toxic mold that can cause respiratory problems and allergic reactions with prolonged exposure. If you rent and find it in your home, your landlord may be legally responsible for removing it and for the harm it causes.

A Landlord’s Duty to Keep the Home Safe

Landlords are generally responsible for removing conditions that pose a threat to a tenant’s health. In Louisiana, La. Civ. Code art. 2691 supports the implied warranty of habitability, which obligates landlords to provide safe living conditions. Texas Property Code Sec. 92.056 makes landlords responsible for conditions that materially affect the physical health or safety of an ordinary tenant.

That duty applies when the tenant did not create the condition, the landlord received proper notice, and the tenant is not delinquent on rent. Most states have similar rules.

Notice and Reasonable Time to Repair

A landlord must be given a reasonable time to fix a health hazard. Seven days is a common benchmark, but a court may allow more depending on:

The timing of the notice, such as during a holiday
Known shortages of materials or labor in the area
The severity of the infestation, since a whole basement takes longer than a sink cabinet

Tenants are not required to send a second notice, but doing so after the first week helps prove negligence later. Call or text first, then follow up in writing by certified mail.

When You Can Recover Compensation

You may recover if you prove the landlord was negligent, meaning they failed to use reasonable care and that failure caused your injuries. A roof leak or broken pipe the landlord ignored after written notice is a strong example. If you caused the mold yourself by neglecting the unit, recovery is unlikely.

Recoverable damages can include medical bills, lost wages, property damage, mold inspection and structural repair costs, and pain and suffering.

If you have been exposed, seek medical attention, document the mold with photos and video, hire a testing company, notify your landlord in writing, and consult counsel if the landlord fails to act.

A premises liability lawyer can evaluate whether your mold injuries support a claim against your landlord.

Frequently Asked Questions

Is my landlord responsible for black mold in my rental?: Generally yes. Landlords must remove conditions that threaten a tenant's health. Louisiana's implied warranty of habitability and Texas Property Code Sec. 92.056 both make landlords responsible for conditions that materially affect a tenant's health or safety, as long as the tenant did not cause the problem, gave proper notice, and is current on rent.
How long does my landlord have to fix the mold?: A landlord gets a reasonable time after notice, often considered about seven days, though the severity of the infestation and the availability of materials and labor can extend it. Sending written notice by certified mail documents when the landlord learned of the problem.