RE Q&A: When Is Water Damage a Liability?

Question: In the apartment I rent, I recently noticed a damp spot on the wall near the ceiling. It was a little discolored. I mentioned it to my landlord, who thanked me but did nothing. The spot is now larger and changing color. I’m concerned about mold, and my landlord doesn’t seem to be taking any action. Is there anything I should be doing? — Anton

Answer: You should be concerned about a damp spot on your wall, especially if it spreads or discolors. While it might not be dangerous, it could be. At the very least, it is unsightly. While it is frustrating that your landlord has not taken the issue seriously, there are steps you can take to address it effectively.

Your health and safety should always come first. Mold is not inevitable just because you have a damp spot. Still, because it can cause respiratory issues, allergies, and other health problems, you should take this seriously.

As with any legal or housing issue, document everything. Take clear photos of the damp spot, capturing its size and progression. If your phone has a setting to automatically record the date and time on each photo, ensure it is enabled. Keep a detailed written record of your interactions with your landlord, including their responses and any lack thereof. When you speak with them in person or by phone, follow up with an email to confirm the discussion and maintain a written record to prevent misunderstandings later. Always communicate professionally, being polite but firm, and do not get upset even if things do not go the way you want them to.

You should also take steps to minimize damage and protect your belongings. If the damp spot is near furniture or personal items, move them away from the area to prevent further damage. Avoid cleaning or removing the mold yourself, as improper handling can worsen the problem or expose you to harmful spores. Instead, keep the area as dry as possible by using fans or a dehumidifier.

If your landlord remains unresponsive and the issue persists, you may need to escalate the matter. You should review your lease and the landlord-tenant law to understand your rights. If you are uncomfortable handling it yourself, reach out to a local, experienced attorney. Until you know your rights and responsibilities, do not do anything rash, such as withholding rent, because in the law, two wrongs do not make a right.

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