Mold in a rental, condo or home sale in Florida: who is responsible

Yes if the home has water stains, a musty smell, a flood history, or signs of past leaks. Visible mold is the most important sign of a problem, and the next step is sizing the moldy area and finding the moisture that allowed it. Ask where the water came from, whether it was fixed, and what was removed. If remediation was done, look for documentation that the moisture problem was corrected and that visible mold, mold-damaged materials and moldy odors are absent. If sampling was done, EPA says indoor air results should be similar to outdoor results. EPA describes completion as a judgment call, not a single guarantee.

Loss assessment coverage pays a unit owner's share of an association assessment after a covered loss. Florida requires a unit owner residential property policy to include at least $2,000, with a deductible of no more than $250 per direct property loss for policies issued or renewed on or after July 1, 2010. Whether it responds to a mold assessment depends on the association's loss and your policy language, so check the limit and the cause before assuming it does.

Yes, in an emergency. During a state-declared emergency, a Florida condominium association may take specified steps to mitigate damage, including removing and disposing of wet drywall, insulation, carpet, cabinetry or other fixtures, unless the law or the condominium declaration, articles or bylaws prohibit that action. The association may contract on the owner's behalf for necessary services, such as drying or sanitizing, and the owner is responsible for the actual cost of services contracted on their behalf.

Start with the state coverage checklist that must come with homeowner, mobile home, dwelling and condominium unit owner policies. It lists whether the principal premises, other structures and personal property are insured against mold, with the limits of liability. Then confirm your policy states it is excess over other coverage and includes at least $2,000 in loss assessment coverage. The statute requires mold to appear on the checklist but does not set a mold limit, so read the form itself.

A seller of residential real property must complete and provide a flood disclosure at or before the sales contract is executed. It asks whether the seller knows of flooding that damaged the property during the seller's ownership, whether the seller filed a flood-damage insurance claim, including an NFIP claim, and whether the seller received FEMA or other flood-damage assistance. For this disclosure, flooding includes overflow of inland or tidal waters; unusual, rapid accumulation of runoff or surface waters from an established water source; or sustained standing water from rainfall. For a mold-prone property, that history is the buyer's best clue about what happened before.

Only after you understand the water. Ask where the moisture came from, whether the source was repaired, how far the growth spread and what was removed. Then look for documentation of the repair and cleanup: the moisture problem fixed, no visible mold or moldy odors, and if sampling was done, indoor levels similar to outdoors. EPA says mold is likely to return if the water problem is not fixed and warns against painting over moldy surfaces.