Texas has specific laws governing mold assessment and remediation, administered by the Texas Department of State Health Services (DSHS). Whether you're a homeowner dealing with mold in your own home or a landlord responsible for a rental property, understanding these regulations protects your interests and ensures the work is done safely and legally.
Texas Mold Assessment and Remediation Act
The Texas Mold Assessment and Remediation Rules (Title 25, Chapter 295, Subchapter C of the Texas Administrative Code) establish the regulatory framework for mold work in the state. Key provisions:
Licensing requirements: Companies performing mold assessments or mold remediation in Texas must hold valid licenses issued by the DSHS. Mold assessors and mold remediators are licensed separately — the same company cannot legally perform both the assessment and the remediation on the same project (to prevent conflicts of interest). However, a single company can hold both licenses and perform both services on different projects.
Work standards: Licensed remediators must follow the remediation standards established by DSHS, which reference IICRC S520 (Standard and Reference Guide for Professional Mold Remediation) as a baseline protocol.
Documentation requirements: Remediators must provide clients with a mold remediation work plan before starting work and a certificate of mold remediation upon completion. Assessment companies must provide a written mold assessment report.
Post-remediation verification: After remediation, a licensed mold assessor (not the remediator) must perform clearance testing to verify that the remediation was successful. This independent verification protects homeowners from incomplete remediation.
You can verify that a Dallas mold company is properly licensed by checking the DSHS license verification database online.
Landlord obligations for mold in Dallas rental properties
Texas landlord-tenant law imposes specific obligations regarding mold in rental properties:
Duty to repair: Under Texas Property Code §92.052, landlords must make a diligent effort to repair conditions that materially affect the physical health or safety of ordinary tenants. Mold caused by a plumbing leak, roof leak, or other landlord-responsible maintenance failure falls under this duty.
Notice requirements: Tenants must provide written notice to the landlord of the mold condition and allow reasonable time for repair before pursuing legal remedies. The notice should describe the mold location, any suspected moisture source, and any health effects experienced.
Rent withholding and repair-and-deduct: Texas law allows tenants to pursue specific remedies (including repair-and-deduct and lease termination) if the landlord fails to make repairs after proper notice. However, these remedies have strict procedural requirements — tenants should consult an attorney before withholding rent.
Landlord's limitations: Landlords are generally not responsible for mold caused by the tenant's failure to maintain reasonable humidity levels, report leaks promptly, or use exhaust fans during bathing and cooking. The cause of the mold matters.
Disclosure: Texas does not currently require sellers or landlords to disclose known mold conditions in a property. However, the Texas Real Estate Commission's Seller's Disclosure Notice asks about known defects including water penetration, which can lead to mold-related disclosures.
Homeowner rights and responsibilities
As a Dallas homeowner, you have the right to:
- •Hire a licensed mold assessor to inspect your home and a licensed remediator to perform remediation
- •Receive a written assessment report and remediation work plan before work begins
- •Require post-remediation clearance testing by an independent assessor
- •Receive a certificate of mold remediation upon project completion
- •File a complaint with DSHS if you believe a mold company has violated licensing requirements or work standards
You are responsible for:
- •Addressing moisture sources (plumbing leaks, roof damage, foundation issues) that create mold conditions
- •Maintaining reasonable indoor humidity levels (the EPA recommends 30–60%)
- •Using exhaust fans in bathrooms and kitchens
- •Reporting water damage to your insurance company promptly
- •Hiring only DSHS-licensed companies for mold assessment and remediation
For mold assessment and remediation by a DSHS-licensed company in Dallas, call (214) 432-6986.
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(214) 432-6986Related questions
Can I do mold remediation myself in Texas?
Texas law does not prohibit homeowners from remediating mold in their own homes. However, the DSHS licensing requirement applies to companies performing mold work for others. If you're a landlord, you should use a licensed company. For homeowners, DIY is legally permissible but professionally inadvisable for any area larger than about 10 square feet or for suspected Stachybotrys (black mold).
Can I sue my landlord for mold in Dallas?
Texas tenants can pursue legal action against landlords who fail to address mold caused by landlord-responsible maintenance failures after receiving proper written notice. Remedies may include repair orders, lease termination, rent reduction, and in some cases, damages. Consult a Texas real estate attorney for guidance specific to your situation.
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