Do Landlords Have To Disclose the Presence Of Mold To Their Tenants In New Jersey?

Mold growth in a rental property, particularly those inshore towns, is quite common. Flooding, high humidity levels, and leaks or plumbing issues can occur very easily and are often overlooked. When water problems occur, mold can grow in as quickly as 48 hours in areas damaged by water, when damaged areas are not properly and thoroughly dried out. Therefore, when the presence of mold growth is uncovered, it should be addressed promptly, particularly in a rental scenario. 

But you may still wonder what the law requires a landlord to disclose to tenants when it comes to the presence of mold in your rental property. According to the website Nolo.com, and at the time of this writing, there are no federal or state laws in New Jersey that address a landlord’s duty or liability with regard to mold prevention or remediation. But that’s not to say that a landlord should overlook a mold issue. Although there are no specific laws requiring landlords in NJ from disclosing mold, tenants do have rights to a safe environment.

Just because the law doesn’t require a landlord to disclose mold growth or define rules for remediation or prevention doesn’t mean they aren’t obligated to address the problem. As a tenant, you have the right to an apartment that is in livable condition, known as “implied warranty of habitability”. For example, it is perfectly within the rights of a tenant to withhold rent should a mold problem go untreated and the tenant perceives their living environment as unsafe. Tenants also reserve the right to ‘repair and deduct’ when it comes to issues in their rental properties. This means that should they uncover a mold problem, and the landlord does not promptly address it, they can have the area professionally treated at their expense and then deduct the cost from their rent. 

You should know that while a landlord need not report the presence of mold to a tenant, he can be held responsible if the mold is allowed to continue to grow to the point where it affects the tenant’s health. 

If you have concerns about mold growth in your rental unit, contact us. A mold problem no longer requires demolition and rebuilding, we have a new way to kill mold and keep it from coming back. Learn more about our mold treatment options.  

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