Key Points:
Licensing:
- Professionals conducting mold assessments or remediations must be licensed by the Texas Department of Licensing and Regulation (TDLR).
- There are specific licenses for mold assessors, mold remediators, and mold analysis laboratories.
Assessment and Remediation Plans:
- Mold assessors must develop detailed assessment plans that outline the extent of mold contamination and recommend remediation strategies.
- Remediation plans must be created by licensed remediators to outline the methods and safety measures for mold removal.
Work Protocol:
- Mold remediation must follow specific protocols, including containment of the affected area, use of proper personal protective equipment (PPE), and ensuring that the mold is removed effectively and safely.
- There is also a requirement for clearance testing after remediation to ensure that the mold levels are back to safe levels.
Record-Keeping:
- Mold assessment and remediation companies must maintain records of all projects, including assessment reports, remediation plans, and post-remediation clearance testing results. These records must be kept for a set period and be available for inspection by regulatory authorities.
Consumer Protection:
- The rules ensure that consumers are informed about the mold problems in their buildings and that they receive professional and reliable services.
- It mandates the disclosure of mold damage and remediation efforts in real estate transactions.
Exemptions:
- There are exemptions for homeowners working on their own property, as long as the mold-affected area is less than 25 contiguous square feet.
In essence, TMARR is designed to regulate mold-related work, ensure professionals follow best practices, and protect the public from health risks associated with mold exposure. It requires licensed professionals to conduct mold work according to strict guidelines and ensures transparency in real estate transactions involving mold.
Landlord and Realtor Obligations
In Texas, landlords and realtors have specific obligations regarding the disclosure of mold and other important information to protect tenants and buyers. Here’s a summary of their obligations:
1. Landlord Obligations
a. Habitability Standards:
- Safe and Healthy Living Conditions: Landlords are required to ensure the rental property is safe and habitable, which includes addressing issues like mold. If mold affects the tenant's health or safety, the landlord must remedy it promptly.
b. Mold Disclosure:
- Disclosure of Known Mold Issues: Landlords must disclose any known mold conditions that could affect the health or safety of tenants. If the landlord is aware of mold but fails to fix it or disclose it, they could be held liable for damages.
c. Repairs and Maintenance:
- Duty to Repair: Landlords are obligated to repair conditions that materially affect the physical health or safety of the tenant (like mold growth), once they are informed of the problem by the tenant.
d. Retaliation Prohibition:
- Landlords cannot retaliate against tenants for reporting mold or requesting repairs related to mold. This includes actions like evicting a tenant or raising rent after a complaint is made.
2. Realtor Obligations
a. Disclosure of Property Conditions:
- Seller’s Disclosure Notice: When selling a home, realtors must provide the Seller’s Disclosure Notice, which includes information about known issues in the property. This includes any history of mold or conditions that could lead to mold growth.
b. Duty to Disclose Material Facts:
- Realtors are required by law to disclose all material facts about the property that could affect a buyer's decision. This includes known mold problems, water damage, or any other issues that could lead to mold.
c. Texas Mold Assessment and Remediation Certification:
- If mold remediation has occurred, the law requires the seller to provide a Certificate of Mold Damage Remediation (issued by a licensed mold remediator) within the past five years, verifying that the mold was removed according to state guidelines.
3. What Must Be Disclosed?
a. Mold Presence:
- Known mold issues that could pose health risks or affect the structural integrity of the property must be disclosed.
b. Water Damage:
- Prior water damage, leaks, or flooding events that could have led to mold growth, even if not explicitly mold-related, should also be disclosed.
c. Previous Remediation:
- If the property has undergone mold remediation, the mold remediation certificate (for any remediation done in the last five years) should be provided to show that the work was properly completed.
d. Health or Safety Issues:
- Any environmental or health hazards, including mold that could compromise the safety of tenants or buyers, must be disclosed.
4. Failure to Disclose
Failure to disclose known mold issues can result in legal consequences for landlords or realtors, including potential lawsuits from tenants or buyers. Penalties may include covering the cost of repairs, medical expenses for tenants, or even damages for fraudulent misrepresentation.
In summary, both landlords and realtors are required to disclose any known mold issues or related conditions (like water damage) that could affect the health, safety, or value of the property.