Cooperation between tenant and landlord necessary to break the mould

QUESTION:

We have been living in the same apartment for eight years. About two years after we moved in, we noticed mould growing in the bathroom. The landlord sent in a painter who scraped away the mould and covered the area with fresh paint. That worked for almost a year and then the mould was back again. The landlord has scraped and repainted the bathroom twice more and the mould just keeps coming back. The landlord has taken no long term action to get rid of it once and for all. How can we get this problem solved?

ANSWER:

Whether you or your landlord is responsible for solving the problem depends on the source of the problem. Mould needs moisture to grow – it grows in bathrooms due to the high level of humidity. Humidity can be controlled through proper cleaning, proper ventilation, and by limiting the amount of moisture that is put into the air.

The keys to avoiding mould growth are to eliminate standing water and reduce humidity. That is often as simple as ensuring the bathroom fan is operating properly, turning it on when you shower and keeping it running for 20 or 30 minutes afterward. If there is a window rather than a fan, then during most months of the year you need to open it to allow the moist air out. You need to follow your landlord’s instructions about ventilating the bathroom.

As a tenant, you are responsible for ordinary cleanliness of the rental unit. You need to clean the bathroom surfaces that get wet – such as the bathtub tiles, walls around the bathtub and ceiling. Many people use a sponge or a squeegee to remove the moisture from the tiles. If you like to take long showers, you may need to shorten them. You should also avoid hanging wet laundry to dry in the bathroom.

Your question indicates that the mould did not appear until two years after you moved in, and that it did not grow back for almost a year after it was removed by your landlord. Therefore, the mould is likely caused by a slow build up of humidity, which means taking the steps noted above should solve the problem.

Your landlord is responsible for providing and maintaining your unit in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. If you take all of the steps noted above, and the mould continues to reappear, that may indicate a problem which is your landlord’s responsibility.

Whenever you have a maintenance problem (reoccurring or not) you are best to notify your landlord immediately and in writing. If you do not report it, and the problem worsens or leads to further damage, you may be liable to your landlord for that damage.

When a landlord receives a maintenance complaint, they should investigate the complaint and make any necessary repairs in a manner that is reasonable and timely in the circumstances. Your landlord can check to ensure the bathroom fan is functioning properly, and for any water leaks. There are also special paints your landlord can use that help keep mould from coming back.

If you do not think your landlord has taken reasonable steps to fulfill his or her obligations, you can make an application to the Landlord and Tenant Board seeking an order that the landlord do specific work to fix the problem, or for a rent abatement or other remedies. However, your behaviour will be relevant, and your landlord may even have a claim for compensation against you if your behaviour caused or worsened the problem.