Condominium unit owners who rent their units need to take tenant complaints about the existence of mold very seriously. While the landlord must maintain the unit, the condominium association has a statutory obligation to maintain the common elements. In the event that the mold is caused by water intrusion stemming from a common element, the unit owner cannot just wait for the Association to take care of the problem. Instead, the landlord must demand the Association to fix the common elements as quickly as practicable and should stay on top of the Association until the common elements are fixed. Because Associations often take time to address situations like this, the landlord should make every effort to accommodate their tenant. This may mean that the landlord should agree to end the lease and pay for the tenant’s moving costs. While this may be an extreme situation, the landlord must understand that the existence of mold in the unit can expose the landlord to liability. If the Association drags its feet to correct the common element problem, the unit owner would have a potential claim against the Association for lost rent. Of course, each situation is different and needs to be addressed on its own merits.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.