Mold in an Orlando rental

What the landlord has to do

Florida Statutes section 83.51 requires a landlord to comply with applicable building, housing and health codes. Where none apply, the landlord must keep the roof, windows, doors, floors, exterior walls, foundations and other structural parts in good repair, and the plumbing in reasonable working order. A roof leak, a broken supply line, an AC condensate overflow from the unit's own system: those are the landlord's to fix, and the mold that follows them is the visible part of that problem.

Humidity is harder. If the AC works and mold grows because the thermostat is set to 85°F, that's a different conversation from mold that grows because the AC is broken.

Step by step

1. Document it. Photos with dates, the size of the area, and anything that looks like the cause: a stain on the ceiling above, a wet cabinet floor, an AC closet that drips.
2. Tell the landlord in writing. Email or a letter, describing the problem and asking for a repair. Keep a copy.
3. Know the 7-day rule before you withhold anything. Section 83.60 lets a tenant raise the landlord's failure to maintain as a defense to an eviction for unpaid rent only if 7 days have passed after the tenant delivered written notice that specifies the problem and says the tenant intends to withhold rent. Get it wrong and you can be evicted. Talk to legal aid before you do this.
4. Call code enforcement. Inside City of Orlando limits, report the conditions through 311 or the city's online code violation form, and an inspector is sent out. The city says it doesn't handle landlord-tenant disputes themselves, only code violations. Outside city limits, the county or your own city handles code complaints.
5. Look after your health. The CDC says people with asthma or mold allergies can react strongly. If someone in the home does, say so in your written notice.

Apartments and shared walls

In the metro, 26% of homes are in buildings with five or more units. In an apartment the water often comes from the unit above or next door, or from the building's roof. Say where you think it's coming from in your notice; the fix belongs to whoever controls that pipe, roof or AC.

If you're the landlord

A property owner who hires someone to remediate mold over 10 square feet needs that someone to hold a Florida mold remediator license; the homeowner exemption covers owners doing the work themselves, not their hired help. Fix the cause, keep the records, and tell the tenant in writing what was done.

General information, not legal advice. For help with a lease or an eviction, contact a lawyer or your local legal aid office.