The responsibility for daily maintenance is borne by the tenant, while keeping the property clean is the duty of the landlord. Therefore, if you discover mold in your apartment, it’s critical that you notify your landlord immediately.

In landlord-tenant statutes, regulations, or town ordinances in Connecticut State there isn’t specific law that addresses the mold as the landlord’s responsibility.

The above does not mean that landlords should not take care about maintaining safe and habitable premises, and the good condition of the roofs, windows, and pipes which can leak water and cause mold eventually.

Connecticut State Mold Laws

You as the tenant have the right to sue the landlord over-mold if you can prove that mold has caused you damage. This allows you the Connecticut General Assembly.

Additionally, tenants can file suit based on breach of contract because the landlord must give the tenant a home that is safe for humans, and we all know that mold is a significant problem.

Whose responsibility is mold in Connecticut State?

The tenant must prove that the landlord was notified of the problem, for example in a certified letter and that the landlord failed to fix the problem. This is due to the fact that the landlord must make sure that the tenant has a safe home.

Landlords are also responsible for fixing all problems that might interfere with the habitability of the home including leaking pipes and damaged roofs.

Also, tenant behavior may cause mold by not keeping the home clean or increasing the humidity levels. In cases where mold growth is caused by tenants’ negligence, the landlord is not responsible.

That’s why Connecticut State law states that both landlords and tenants are responsible for maintaining the rental property.

How is the responsibility for mold-related damages established?

Commercial rental

Liability regarding the presence of mold is usually addressed in the terms of a contract between the parties. A typical commercial lease has a “maintenance and repairs” clause that specifies the landlord’s and the tenant’s responsibility.

The obligations under the lease are generally described in a way that establishes which party is responsible for:

  • “Reasonable wear and tear”;
  • “Structural repairs”.

By any logic of the obligation relationship, both parties to the contract are equally sophisticated in their potential to negotiate the terms of the agreement.

Residential rental

Under a residential tenancy, there are various legal issues that the court can consider when determining liability in a landlord-tenant case that involves mold-related injuries.

Like in most states, “implied warranty of habitability” is the most broadly applied legal principle that appears in landlord-tenant statutes.

Additionally, the landlord or a tenant has the right to point out laws outside of the landlord-tenant statutes to establish legal obligations in cases involving mold injuries. These include laws that require parties to:

  • Provide certain notices and disclosures about the condition of the property;
  • Adhere to certain moisture and weatherproofing requirements.

From a contract law perspective, parties can include mold clauses in their lease agreements as a protection to a landlord from liability due to any injury resulting from mold.