Transitioning to a new apartment signifies a new start. Yet, uncovering mold in your living space can swiftly diminish your enthusiasm. As a resident in the state of Alabama, what legal rights do you possess in relation to mold?

Alabama State mold laws

First, you have the right to live in a home free from mold. A landlord has the responsibility to maintain a rental home for their tenant that is safe, habitable, and in good repair. A tenant should bring a mold concern to a landlord’s attention to allow the landlord to rectify the problem.

There is no law or regulation directly addressing mold. Landlords can still be held liable for mold problems under the warranty of habitability, which requires landlords to keep their properties “livable”. However, this warranty is controversial, since there is no defined outline of what “livable” means.

Tenant rights in Alabama

Documenting the problem should be the first thing you should do if you think that mold has taken over your apartment.

How to act - tips

  • Take pictures of visible mold growth on walls and floors. A picture can be a big help when you need to prove that there is mold in your apartment;
  • Document the results of mold testing that you will do;
  • Check the prior traces of mold in the apartment, previous residents may have had mold issues too;

You can break the lease because of mold if you can show proof that it poses an “imminent threat” to your health.

On the other hand, if you do not want to break your lease because of the mold problem keep in mind that it is up to your landlord to resolve the problem. The landlord must take action by hiring experts and resolving all moisture issues that may have been caused by the existing mold.

How to act tips

Landlord responsibilities in Alabama State regarding mold

Although there is no specific law in Alabama State that directly addresses the mold as the responsibility of the landlord, a landlord is responsible for the mold if the tenant moves into an apartment with an existing mold problem. In that case, Alabama law states that the landlord is responsible for the removal of that mold.

What to do if the landlord fails to remove the mold?