In the News · Law & rules · Texas
Austin starts drafting its first rental mold code
What happened
Austin City Council approved a resolution directing city staff to develop proposed mold inspection and remediation regulations, KXAN reported on September 4. Austin has no mold-specific code today; according to the coverage, the city manager is expected to bring proposed code changes to council in May.
Some coverage described state law as requiring landlords to address mold only once it covers 25 square feet. That mixes up two things. Under Texas Occupations Code Chapter 1958, 25 contiguous square feet is the size at which mold remediation done for someone else has to be performed by a TDLR-licensed remediator. A landlord's repair duty comes from the Texas Property Code (§92.052), which requires a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety after the tenant gives notice.
Separately, KRIS-TV reported that State Rep. Denise Villalobos expects a renters' rights bill on mold in the next legislative session.
What it means for homeowners
- The 25 square foot line in Texas is a licensing threshold, not a landlord's repair standard.
- Texas renters: report moisture and mold to the landlord in writing; the Property Code repair duty runs from notice.
- Austin's draft is due in May; it would be the city's first mold-specific code.
Reporting
Our summary of published reporting. Read the original coverage for the full story.