Mould - who is responsible?
The RTA receives many calls from lessors, property managers and tenants asking who should clean up mould in rental properties, particularly over the summer months.
The answer is either the lessor/property manager or the tenant, depending on the situation.
If the mould appears as a result of fair wear and tear, or a result of a property maintenance issue such as a roof leak, it is the lessor/property manager’s responsibility to have it cleaned. It is always up to the lessor/property manager ensure the premises are maintained and kept in good repair.
However, if the tenant causes the mould, for example by not ventilating a bathroom using an extractor fan or opening a window, it may be the tenant’s responsibility to clean up the mould.
The lessor/property manager and tenant should talk with each other to work out who will clean the mould. But if agreement can’t be reached, then either person can lodge a Dispute resolution request (Form 16) with the RTA.
If the dispute resolution process doesn’t provide a solution, the person who lodged the dispute form may choose to apply to the Tribunal for a determination.
Although Queensland tenancy laws don’t refer specifically to mould, general rules about the responsibility of the lessor/property manager to carry out any repairs and the tenant to maintain the place throughout a tenancy apply.
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