Mold in My Apartment and the Landlord Won't Fix It: What Renters Can Do
Mold in your Utah apartment and the landlord won't act? What to document, how Fit Premises Act written notice works, and what proper drying looks like.
If your apartment has mold and the landlord won't fix it, document it, give the landlord written notice that describes the problem, and keep copies. In Utah, the Utah Fit Premises Act requires owners to keep rental units fit for human habitation and to maintain plumbing, and it gives renters a formal written-notice process with specific remedies if a habitability problem isn't corrected. Mold almost always means water, so the fix that matters is finding and stopping the moisture, then removing the mold, not painting over it.
Property manager or owner with a mold or leak problem in a unit? Call 24/7 · (801) 948-2501.
Short answer: Utah renters with unrepaired mold should document it, give the landlord written notice and keep copies. The Utah Fit Premises Act (Utah Code 57-22) requires owners to keep units fit for habitation and maintain plumbing, and § 57-22-6 sets a written-notice process with a three-calendar-day corrective period for habitability problems. Keystone Restoration's view from the field: the lasting fix is drying the moisture, not painting over mold.
This is general information from a Utah restoration company, not legal advice. Your lease, local ordinances and Utah law control. For your rights in a specific situation, talk to an attorney or a local tenant resource.
What should I do first if there's mold in my apartment?
Two renters asked us versions of this. One had lived with mold and sewage problems for about a month while the landlord ignored a city order. The other had a toilet supply leak repaired the next day, but nobody checked whether the floor and wall had dried, and mold showed up a month later.
Start here:
- Stop or report the water. If water is actively leaking, tell the landlord or property manager right away and shut off the fixture's valve if you can.
- Don't scrub or tear into it. Disturbing mold can spread spores, and it can destroy evidence of how big the problem is.
- Photograph and video everything, with dates: the growth, stains, the water source, damaged belongings.
- Write down the history. When the leak happened, when it was fixed, when you first saw or smelled mold, and every time you reported it.
- Call your renters insurance about your belongings and any temporary housing coverage.
- Protect your health. If you have asthma, allergies or other health concerns, talk to a health professional. EPA notes that mold can cause allergic reactions and asthma attacks in sensitive people.
What does Utah law say about a landlord's duties?
Under Utah Code § 57-22-3, an owner renting a residential unit has to maintain it in a condition fit for human habitation and in line with local ordinances and health board rules. Renters have to cooperate in maintaining the unit.
Under Utah Code § 57-22-4, an owner can't rent premises unless they're safe, sanitary and fit for human occupancy, and has to maintain the plumbing, heating, electrical and hot and cold water.
The Act doesn't mention mold by name. Whether a particular mold problem counts as a habitability problem depends on the facts, which is why a city or health department order, like the one in the first question, matters.
How does written notice work under the Fit Premises Act?
Utah Code § 57-22-6 sets out the process. In general terms:
- The renter gives the owner a written notice of deficient condition that describes each problem, states the corrective period, states which remedy the renter has chosen if the owner doesn't take substantial action, gives the owner permission to enter to fix it, and is served the way the statute or the rental agreement requires.
- For a habitability standard, the corrective period is three calendar days.
- The two remedies a renter can choose are rent abatement, which ends the rental agreement, or repair and deduct, capped at two months' rent, with receipts.
- For a dangerous condition that poses a substantial risk of imminent loss of life or significant physical harm, the renter can notify the owner by any reasonable means, and the owner has to start fixing it within 24 hours.
- A renter isn't entitled to these remedies unless the renter is in compliance with the renter's own duties under the Act (§ 57-22-5).
The details matter, and choosing a remedy has real consequences, like ending your lease. Read the statute, and talk to an attorney or a tenant resource before you rely on it.
What does proper drying after a leak look like?
A plumber fixing a leak is step one. It doesn't mean the wall and floor are dry.
EPA guidance is to dry water-damaged areas and items within 24 to 48 hours to prevent mold growth. Proper drying after a leak looks like this:
- Someone measures moisture in the floor, walls and cabinets around the leak, not just the spot that looks wet
- Wet materials that can't be dried, like soaked drywall or pad, get removed
- Drying equipment runs until readings match dry, unaffected materials
- Readings are logged and the final readings are documented
On our jobs, hidden moisture is found with thermal cameras and moisture meters and photographed before the leak is fixed. More on that in how pros know it's dry. If walls are about to be closed after a leak, here's what renters should ask for first.
What does a good property manager response look like?
Most property managers want this fixed. A good response usually looks like:
- Acknowledges the report in writing and gives the resident a point of contact
- Gets the water source fixed by a plumber
- Brings in a mitigation or remediation company to measure moisture and assess the mold
- Keeps residents informed about access, timing and whether they need to be out of the unit
- Has the mold removed under containment, not painted over
- Keeps the records: moisture readings, photos and what was removed
On managed properties, Keystone works for the owner or property manager. We don't communicate directly with tenants on multifamily jobs. The property manager stays in control of the job and keeps residents informed. That's how we set up property manager and multifamily work.
For who pays for what in a rental, see our post on rental basement water damage in Provo and Orem covers landlord policies versus renters insurance.
What should I put in writing to my landlord?
Keep it short and factual:
- [ ] The date and your unit number
- [ ] What the problem is and where: "mold on the bathroom wall next to the toilet, about two feet wide"
- [ ] When it started, and any leak that came before it
- [ ] Every earlier report, with dates
- [ ] Photos attached
- [ ] What you're asking for: find and fix the moisture source, and remove the mold properly
- [ ] Permission to enter to make the repair
If you decide to use the formal Fit Premises notice, follow § 57-22-6 exactly. Include a copy of any city or health department order.
What does good mold removal look like?
Fix the water first. Contain the area. Remove moldy porous materials instead of cleaning the surface. Clean what stays. EPA says it isn't enough to kill mold, because dead mold can still cause allergic reactions. It has to be removed. For what a remediation scope and quote should include, see mold remediation cost and comparing quotes.
When should a pro be called?
When there's mold larger than a small patch, a leak that soaked a floor or wall, sewage, or a musty smell with no visible source. EPA's general guidance is that mold larger than about 10 square feet, or a lot of water damage, calls for its professional remediation guidance.
If you're a renter, that call normally comes from your landlord or property manager. If you're the owner or manager, Keystone Restoration is an IICRC Certified Firm (#70266523). We test for mold before remediation, find the water, remove the mold under containment, and give you the documentation. Rebuild is handled by our sister company, Keystone BuildWorks. For owners comparing options, see who should remove mold after water damage in Salt Lake County.
Managing a unit with mold or a leak? Call 24/7 · (801) 948-2501.
Questions about your specific situation? Talk to us — advice is free, 24/7.