Have Mold in Your Apartment? Understanding Tenant Rights in Florida

mold on wall

Mold growth in rental properties can pose health risks to tenants and be costly and difficult to remediate.

Tenants must know their rights to ensure they live in a safe and habitable dwelling, free from mold and other hazards.

This article will provide information on mold, tenant rights in Florida, and landlord responsibilities to help renters navigate this issue.

What is Mold?

Mold is a fungus that grows in damp, humid environments and can cause health issues for those exposed.

It is characterized by its fuzzy or slimy appearance and is commonly found in areas with high levels of moisture or humidity, such as bathrooms, kitchens, and basements.

Mold reproduces by producing spores that can spread through the air and quickly settle on surfaces, leading to further growth and colonization.

While some types of mold are harmless, others can cause serious health problems, especially those with allergies, asthma, or weakened immune systems.

Therefore, it is essential to address mold growth promptly and effectively to ensure a safe and healthy environment.

Common Types of Mold

mold types

The most common types of mold include Aspergillus, Cladosporium, and Stachybotrys (also known as black mold).

However, they differ in several ways:

1. Appearance

Aspergillus can appear in many colors, including green, yellow, and white.

Cladosporium is typically olive-green or brown in color, while Stachybotrys is black or dark green.

2. Health Risks

All three molds can cause health problems if a person is exposed to them, but the severity of the health risks may vary.

Aspergillus can cause allergies, respiratory infections, and lung inflammation in some individuals. Cladosporium can cause respiratory issues and allergic reactions.

Stachybotrys, also known as black mold, is often associated with more severe health risks, including respiratory problems, neurological issues, and even death.

3. Preferred Growth Environments

Aspergillus and Cladosporium are often found in damp areas such as basements, bathrooms, and kitchens.

On the other hand, Stachybotrys typically grows in areas that have experienced significant water damage, such as from flooding or leaking pipes.

Tenant Rights in Florida


Tenants in Florida have the right to a rental property that is safe and livable, including being free from mold.

Landlords are responsible for maintaining their properties and ensuring they are free from hazards, including mold.

If a landlord fails to provide a habitable dwelling, tenants have legal recourse, such as the ability to withhold rent or terminate the lease.

See Chapter 83 Section 56 of the Florida statutes for the exact laws.

Landlord Responsibilities

Landlords are responsible for preventing mold growth in their rental properties by addressing any water leaks, moisture issues, or ventilation problems that may contribute to mold growth.

If a landlord is aware of a mold problem in a rental property, they must disclose this information to potential tenants.

If mold is discovered in a rental property, landlords must remediate the issue promptly and effectively to ensure that the property is safe and habitable for tenants.

Tenant Responsibilities

woman checkmarks

Tenants are responsible for reporting mold issues to their landlords as soon as they become aware.

Tenants must allow their landlord or agent access to the property to inspect and remediate mold issues.

Tenants can take steps to prevent mold growth, such as keeping the property clean and dry, using ventilation systems, and reporting any water leaks or other issues promptly.


In conclusion, mold growth in rental properties can pose serious health risks to tenants and be costly and difficult to remediate.

However, tenants in Florida have the right to a safe and habitable dwelling, and landlords are responsible for maintaining their properties and addressing mold issues promptly and effectively.

By understanding their rights and responsibilities, tenants can help prevent and remediate mold growth and ensure they live in a safe and healthy environment.

If you are a tenant dealing with mold issues in your rental property, consult a knowledgeable attorney who can help you navigate the legal aspects of the situation.

To read additional information on Florida rental real estate, please visit GatorRated.com.