Mold in your apartment: what to do, and what your landlord has to do

First steps when you find mold

Before you clean anything, build a record. It protects your deposit, your health, and any later complaint:

• Take dated photos and video of the mold, any water stains, the leak or condensation source, and damaged belongings.
• Note when you first noticed it, and any smell, leaks, or past repairs.
• Look for the moisture source: a leaking pipe under a sink, a toilet or tub, a window that sweats, a bathroom without a working fan, or water coming from a unit above.
• Move belongings away from the area and do not disturb large patches. Tearing at moldy material can spread spores.

Report it in writing

A text or a phone call is easy to dispute later. Send a dated written notice by email, the tenant portal, or letter, and keep a copy. Describe what you found, where, when you noticed it, the suspected source, and ask for the leak to be fixed and the mold to be remediated. Attach the photos.

The EPA's guidance for renters is to report all plumbing leaks and moisture problems immediately to the building owner, manager, or superintendent. If persistent water problems are not addressed, the EPA suggests contacting local, state, or federal health or housing authorities, or your state health department.

What landlords are generally responsible for

In most states, landlords are responsible for keeping rental housing habitable, including fixing leaks and water intrusion they are told about. Tenants are generally responsible for not causing moisture problems, such as running bathroom fans, reporting leaks promptly, and not blocking vents. The details, deadlines, and remedies depend on your state's law and your lease.

This page is general information, not legal advice. For your situation, a local legal aid office or a tenant attorney can tell you what applies.

Colorado: mold and the warranty of habitability

Colorado's Residential Tenants Health and Safety Act, House Bill 19-1170, was signed on May 20, 2019. According to the Colorado General Assembly's bill summary, it added mold associated with dampness to the conditions that can make a residential unit uninhabitable, excluding minor mold found on surfaces that can accumulate moisture.

The same summary describes landlord duties after a tenant gives notice, including responding within 24 hours to conditions that materially threaten life, health, or safety, and, for mold associated with dampness, mitigating the immediate risk within 96 hours (for example by installing containment) and then completing remediation within a reasonable time. It also describes protections against retaliation for good-faith complaints and, in some cases, a comparable unit or hotel room at no cost to the tenant.

Colorado's landlord-tenant laws may have been amended since 2019, and the exact steps and remedies matter. Check the current statute or ask Colorado Legal Services or a tenant attorney before withholding rent, making repairs yourself, or ending a lease.

Should you clean it yourself?

The EPA says that if a moldy area is less than about 10 square feet, in most cases you can handle the cleanup yourself, scrubbing hard surfaces with detergent and water and drying them completely. A small patch of mildew on a bathroom ceiling or window frame is usually that kind of job.

Anything larger, anything coming back, anything inside walls, or anything tied to a leak is the landlord's job to fix properly. The EPA also says not to paint or caulk over moldy surfaces, so do not cover it up yourself, and do not let a quick coat of paint stand in for a repair.

Renters insurance and your belongings

Your landlord's insurance covers the building, not your things. Renters insurance covers your belongings, and the Insurance Information Institute notes that homeowners and renters policies cover water damage from events like burst pipes. Mold that followed a covered sudden event may be covered for your items; mold from long-term humidity usually is not. Keep receipts and photos of damaged items.

Your health

This guide is not medical advice. If you or anyone in your household has symptoms you think may be related to mold, especially children, older adults, or people with asthma or weakened immune systems, talk to a clinician and tell your landlord in writing that there is a health concern.