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How to Report and Handle Mold in an Apartment Legally

Last updated October 25, 2026

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The short answer

Document the Mold

Start by documenting the mold thoroughly. Take clear photos and videos of the affected areas, including any visible growth on walls, ceilings, or around windows. Note the date and time of each photo. Keep a written log of when you first noticed the mold and any symptoms you or your household experience, such as coughing or headaches.

This documentation serves as your record. It can help you show the timeline if a dispute arises. Also, save any emails or messages you send to your landlord about the mold. Written records are more persuasive than verbal complaints. Local tenant laws may require written notice, so keep everything in writing.

Notify Your Landlord in Writing

Send a written notice to your landlord describing the mold problem. Include the location, the extent of the growth, and any health concerns. Be specific about what you need, such as repair of a leak or removal of contaminated materials. Send the notice by email or with a delivery receipt so you have proof. Keep a copy for yourself.

Your landlord is generally responsible for maintaining a habitable living space, which includes addressing mold that results from conditions like leaks or poor ventilation. If the mold is caused by your own actions, such as not using a bathroom fan, you may need to correct that first. The law usually expects you to give the landlord a reasonable chance to fix the issue.

  • Include the date and a description of the mold
  • State what you would like done, such as a repair
  • Give a reasonable deadline for a response
  • Keep a copy of the notice for your records
  • Send it by email or with a delivery receipt for proof

Contact Local Authorities

If your landlord does not respond or fix the problem, contact your local housing or building department. In Burnsville, that could be the city's inspection or code enforcement office. Explain the situation and provide your documentation. They may send an inspector to assess the property and issue a violation if conditions are unsafe.

You can also reach out to your county health department. Mold can trigger respiratory issues, so health officials may take complaints seriously. They can sometimes order the landlord to remediate the mold. This process can take time, so keep following up and keep records of every communication with authorities.

Know Your Tenant Rights

Tenant rights vary by state and local law. Generally, landlords must provide a safe and habitable dwelling, which includes addressing mold that poses a health risk. Your lease may outline specific responsibilities. Read it carefully. Some jurisdictions allow rent withholding or repair-and-deduct if the landlord fails to act, but only under specific conditions.

You may also have the right to break your lease in extreme cases, but that usually requires a court order or a formal process. Never withhold rent without legal guidance, as that can lead to eviction. Policies vary, and your insurer decides what is covered. Check your policy and local tenant laws for specifics.

Protect Your Health

While you wait for the mold to be removed, take steps to limit exposure. Keep the area dry and improve ventilation by opening windows or using fans. Avoid touching mold with bare hands. Wear a mask and gloves if you need to clean small areas. Do not disturb large mold patches, as that can release spores into the air.

If you or anyone in your household has asthma, allergies, or other respiratory conditions, see a doctor if symptoms worsen. Mold can be a serious health hazard, especially for children, the elderly, and people with weakened immune systems. Your health comes first. If the mold is extensive, consider staying elsewhere temporarily until the problem is resolved.

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Frequently asked questions

What if my landlord ignores my mold complaint?

If your landlord does not respond, contact your local housing authority or health department. They can inspect and potentially order remediation. Keep all records of your attempts. If the situation is an emergency, such as raw sewage or a major leak, you may need to act quickly to protect your health.

Can I break my lease because of mold?

In some cases, yes, but only under strict conditions. You may need to prove the mold makes the unit uninhabitable and that you gave the landlord a chance to fix it. Consult a tenant rights organization or a lawyer. Breaking a lease without legal basis can have serious consequences.

Who is responsible for mold cleanup in an apartment?

Typically, the landlord is responsible for mold that results from structural problems like leaks or poor ventilation. If you caused the mold through excessive moisture, you may be responsible. In either case, small areas can be cleaned with soap and water, but larger growths require professional remediation. Check your lease for specifics.

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