Texas Demand Letter for Mold Remediation

[Your Name]
[Your Address]
[City, State ZIP]
[Email]

[DATE]

[Landlord/Property Manager]
[Management Company Address]
[City, State ZIP]

RE: Demand for Immediate Mold Remediation - Health Hazard at [Property Address]

Dear Sir or Madam:

Dear [Landlord Name]: I am writing to demand immediate professional mold remediation and repair of underlying moisture problems at my rental unit located at [Full Property Address], which I have occupied since [Move-in Date]. DESCRIPTION OF MOLD CONTAMINATION My rental unit has developed extensive mold growth in the following locations: [Describe specific locations and extent, e.g.: • Black mold covering approximately 15 square feet of bedroom ceiling and upper walls • Mold growth throughout bathroom on walls, ceiling, and grout • Visible mold behind baseboards in living room • Musty odor throughout unit indicating hidden mold growth] The mold growth is caused by [identify moisture source: "persistent roof leak," "plumbing leak from upstairs unit," "lack of bathroom ventilation," "inadequate HVAC drainage," etc.], which constitutes a maintenance issue you are responsible for repairing under our lease agreement and Texas law. I first notified you of [the water leak/moisture problem] on [First Notice Date] via [method]. Despite this notice and my follow-up requests on [Subsequent Dates], you have failed to adequately repair the moisture source or remediate the mold contamination. HEALTH IMPACTS Since the mold growth developed, I have experienced the following health symptoms: [List symptoms, e.g.: • Persistent coughing and respiratory irritation • Frequent headaches and fatigue • Allergic reactions including watery eyes and congestion • Asthma attacks requiring increased medication • Skin rashes and irritation] I have sought medical attention for these symptoms on [Date], and my healthcare provider has documented that my symptoms are consistent with mold exposure. [If applicable: I have noticed that my symptoms improve when I am away from the unit for extended periods.] LANDLORD'S LEGAL DUTY UNDER TEXAS LAW Texas Property Code § 92.052 requires you to "make a diligent effort to repair or remedy a condition" if: (1) I have notified you of the condition in writing; (2) You have a duty to repair the condition under our lease or under law; and (3) The condition materially affects the physical health or safety of an ordinary tenant. All three requirements are met here: (1) I have provided written notice of the water intrusion and mold on multiple occasions. (2) You have a duty under both our lease agreement and § 92.052 to maintain the property free from health hazards and to repair water intrusion problems. (3) Toxic mold growth materially affects the physical health and safety of tenants, as evidenced by my documented health symptoms and the visible extent of contamination. Your failure to remediate the mold and repair the underlying moisture problem violates Texas Property Code § 92.052. REQUIREMENT FOR PROFESSIONAL REMEDIATION Simply cleaning visible mold or painting over it is inadequate and violates proper mold remediation standards. Effective remediation requires: 1. Identification and permanent repair of the moisture source ([roof leak, plumbing leak, ventilation deficiency, etc.]) 2. Professional mold remediation following EPA and IICRC guidelines, including: - Containment of affected areas to prevent spore spread - HEPA air filtration during remediation - Removal of porous materials that cannot be adequately cleaned (drywall, insulation, carpet) - Antimicrobial treatment of affected surfaces - Post-remediation air quality testing to verify successful removal 3. Repair and replacement of all materials removed during remediation FORMAL DEMAND FOR REMEDIATION I hereby demand that you immediately: 1. Hire a licensed, professional mold remediation contractor to properly remediate all mold contamination in my unit following industry standards 2. Repair the underlying moisture source: [roof leak, plumbing issue, install bathroom exhaust fan, etc.] 3. Replace all building materials removed during remediation (drywall, insulation, flooring, etc.) 4. Conduct post-remediation air quality testing by an independent certified inspector to verify successful mold removal 5. Provide me with copies of all remediation documentation, air quality test results, and proof of proper disposal of contaminated materials You must contact me within 48 hours at [Your Phone] or [Your Email] with a written plan and timeline for completing this remediation work, and complete all remediation within seven (7) days of receiving this letter. LEGAL REMEDIES IF YOU FAIL TO ACT If you fail to complete proper professional mold remediation within seven days, I will exercise my legal remedies under Texas Property Code Chapter 92, which may include: Repair and Deduct (§ 92.0561): I will hire a licensed mold remediation contractor to perform the necessary work and deduct the reasonable cost from my rent. Lease Termination (§ 92.056): I will terminate the lease and vacate the unit, and pursue recovery of one month's rent plus $500, my actual moving costs, temporary housing expenses, damaged personal property, medical expenses, court costs, and reasonable attorney's fees. Judicial Relief (§ 92.0563): I will file suit seeking court-ordered remediation at your expense, rent abatement for the period the unit was contaminated, civil penalties up to three times one month's rent plus $500, actual damages, and attorney's fees. ACTUAL DAMAGES Your failure to address this mold contamination has caused me actual damages including: • Medical expenses: $[Amount] • Damaged personal property: $[Amount] [furniture, clothing, bedding contaminated with mold] • [Air purifiers, dehumidifiers purchased to mitigate exposure]: $[Amount] • [Temporary housing costs]: $[Amount] • [Other documented expenses] I reserve the right to pursue recovery of all these damages in addition to statutory penalties. PRESERVATION OF EVIDENCE I have thoroughly documented the mold contamination with photographs, videos, professional inspection reports, air quality testing, medical records, and all communications with you regarding this issue. This evidence will be presented in court if you fail to take immediate corrective action. NO RETALIATION PERMITTED Texas Property Code § 92.331 prohibits you from retaliating against me for requesting repairs or asserting my legal rights. Any attempt to raise my rent, terminate my lease, or otherwise retaliate will result in additional legal claims for damages and penalties. RESERVATION OF ALL RIGHTS This demand letter does not waive any rights or remedies available to me under Texas law, our lease agreement, or at common law. I reserve all rights to pursue additional claims including negligence, breach of warranty of habitability, and any other applicable causes of action. Time is of the essence due to the ongoing health risks. I expect your immediate response with a detailed remediation plan and timeline. Sincerely, [Your Signature] [Your Printed Name] [Your Address] [Your Phone] [Your Email] [Date] Enclosures: [If applicable: - Mold inspection report dated [Date] - Air quality test results dated [Date] - Medical records documenting mold-related symptoms - Photographs of mold contamination] CC: [Property Management Company] [Local Health Department]

Sincerely,

[Your Signature]
[Your Printed Name]