Mold Remediation

A Serious Health Hazard and Point of Dispute

Mold (schimmel) in a rental property is not just an aesthetic issue; it is a serious health hazard that can cause respiratory problems and allergies. It is considered a 'serious defect' (ernstig gebrek) under Dutch rental law. The responsibility for mold remediation is a major point of contention between tenants and landlords, as it hinges on determining the root cause of the moisture problem that allows the mold to grow.

Landlord's Responsibility: Structural Causes

The landlord is responsible for fixing the mold problem if it is caused by a building defect. This is the most common cause of persistent mold. Examples include:

• Leaks: A leaking roof, gutter, or internal plumbing pipe creating dampness in walls or ceilings.
• Poor Insulation and Thermal Bridges: Cold spots on poorly insulated walls where condensation forms.
• Rising Damp: Moisture coming up from the ground due to a faulty foundation.
• Lack of Mechanical Ventilation: In modern, airtight homes, a lack of proper, built-in ventilation systems can lead to moisture buildup.

In these cases, the landlord must not only pay for the mold to be professionally removed but must also fix the underlying structural problem to prevent it from returning.

Tenant's Responsibility: Behavioral Causes

Landlords will almost always first attempt to blame the tenant's lifestyle for the mold. A tenant can be held responsible if the mold is caused by their own behavior, primarily a failure to ventilate. If a tenant consistently fails to open windows after showering or while cooking, leading to excessive condensation and surface mold in a well-maintained property, they may be held responsible for the cleaning costs. However, in the vast majority of serious mold cases, there is an underlying structural issue, and tenants should be firm in asserting their right to a healthy, mold-free home.