Texas Mold Licensing and Remediation Requirements

Texas Regulation

Jurisdiction: Texas. Topic: regulations. Legal status: binding.

Texas mold licensing rules: 25 sq ft threshold, TDLR oversight, landlord repair duties, tenant remedies, and exemptions for small jobs and owner-occupants.

This page covers Texas Occupations Code Chapter 1958 and TDLR rules on mold licensing thresholds, landlord mold duties, tenant repair remedies, and exemptions for homeowners and small-area cleanup.

What is the 25 square foot rule in Texas?

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Bottom line: A licensed mold professional is required for remediation of 25 contiguous square feet or more of visible mold; areas under that size may be cleaned by unlicensed persons.

Under Texas Occupations Code §1958.102, projects affecting less than 25 contiguous square feet of visible mold qualify for the minimum-area exemption only if performed by persons who are not licensed to conduct mold remediation. For residential properties with 10 or more units, TDLR mandates that remediation of 25 contiguous square feet or more must be conducted by a licensed Mold Remediator.

Mold Licensing Thresholds in Texas | Area of Visible Mold | License Required? | Who May Perform Work | |----------------------|-------------------|----------------------| | < 25 contiguous sq ft | No | Owner, maintenance staff, or any unlicensed person | | ≥ 25 contiguous sq ft (residential ≥10 units) | Yes | Licensed Mold Remediator only | | ≥ 25 contiguous sq ft (other buildings) | Yes | Licensed Mold Remediation Contractor or Company |

Summary: - 25 contiguous square feet is the statewide licensing trigger - Smaller areas are exempt if handled by unlicensed persons - Separate threshold applies to buildings with 10+ rental units

Does Texas require licensed mold remediators?

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Bottom line: Yes—any contractor performing mold assessment or remediation of 25 contiguous square feet or more must hold the appropriate TDLR-issued license unless an exemption applies.

TDLR requires six license types: Mold Assessment Technician, Mold Assessment Consultant, Mold Assessment Company, Mold Remediation Contractor, Mold Remediation Company, and Mold Analysis Laboratory. Applicants must submit an application, fee, and proof of training, insurance, education, and experience before PSI examination scheduling. Licensees must maintain a Texas office with a street address. Violations may be reported to TDLR within two years of the event.

License Types and Roles 1. Mold Assessment Technician – collects samples under consultant supervision 2. Mold Assessment Consultant – develops protocols, interprets results 3. Mold Assessment Company – employs assessors 4. Mold Remediation Contractor – oversees cleanup crews 5. Mold Remediation Company – performs remediation services 6. Mold Analysis Laboratory – analyzes mold samples

Summary: - Six distinct license categories regulated by TDLR - Pre-exam application and documented qualifications mandatory - Two-year complaint filing deadline; anonymous complaints accepted

What are Texas landlord obligations for mold?

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Bottom line: Texas law does not have a specific mold statute; landlords must repair conditions that materially affect health or safety under general habitability duties in Texas Property Code Chapter 92.

Landlords must repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant once the tenant is current on rent and has given proper written notice to the usual rent-payment place. The landlord must make diligent efforts within a reasonable time—presumed to be seven days—unless the problem was caused by the tenant or guests (except normal wear and tear). There is no separate duty to disclose mold presence to prospective tenants.

Landlord Repair Duties Checklist - Condition must materially affect health or safety - Tenant must be current on rent - Written notice delivered to rent-payment location - Landlord has reasonable time (7-day presumption) to act - Duty does not extend to tenant-caused damage

Summary: - General repair duty applies, not mold-specific statute - Seven-day presumed reasonable repair period - Tenant must follow strict notice procedures

How long does a Texas landlord have to fix mold?

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Bottom line: A landlord has a “reasonable amount of time” presumed to be seven days after receiving proper written notice to begin diligent repairs of conditions materially affecting health or safety.

Texas Property Code §92.056 creates a rebuttable presumption that seven days is reasonable, but the period can be shorter or longer based on severity and availability of materials and labor. If the landlord fails to act, the tenant may send a second written notice and allow another reasonable period before exercising remedies.

Repair Timeline Flow 1. Day 0 – Tenant delivers written notice to rent-payment place 2. Days 1-7 – Landlord presumed reasonable time to start repairs 3. Day 8+ – If no diligent effort, tenant may send second notice 4. After second period – Tenant may terminate, repair & deduct, or sue

Summary: - Seven-day presumptive reasonable period - Second notice required if first was not sent by certified/registered mail - Actual timeline depends on severity and resource availability

Can I break my lease due to mold in Texas?

Also asked: Texas lease termination mold, break lease mold problem Texas, tenant right to move out mold, early termination habitability mold

Bottom line: Yes—if mold materially affects health or safety and the landlord fails to make diligent repairs within a reasonable time after proper notice, the tenant may terminate the lease.

Under Texas Property Code §92.056, after the landlord’s failure to act within the reasonable period (seven-day presumption), the tenant may terminate the lease, obtain a court order for repairs, or exercise the repair-and-deduct remedy. The tenant must be current on rent and must have followed the written-notice requirements.

Termination Requirements - Mold condition materially affects health or safety - Tenant current on rent - Proper written notice given - Landlord failed to act within reasonable time - Tenant may then terminate without penalty

Summary: - Material health/safety impact required - Strict notice and rent-current prerequisites - Termination is one of three available remedies

Can I withhold rent for mold in Texas?

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Bottom line: No—Texas law generally prohibits rent withholding; tenants must use the statutory “repair and deduct” procedure or seek a court order instead.

Texas does not recognize rent withholding as a valid self-help remedy. A tenant who withholds rent risks eviction. The only permitted rent-related remedy is repair-and-deduct, which requires strict compliance: written notice, reasonable time, cost limit of one month’s rent or $500 (whichever is greater), and providing the landlord with the repair receipt.

Permitted vs Prohibited Actions | Tenant Action | Legal Status | Requirements | |---------------|--------------|--------------| | Withhold rent | Prohibited | May lead to eviction | | Repair & deduct | Permitted | Written notice, ≤1 mo rent/$500, receipt provided | | Court order | Permitted | File suit under Property Code §92.0563 | | Lease termination | Permitted | After landlord fails to repair post-notice |

Summary: - Rent withholding is not allowed - Repair-and-deduct is the statutory substitute - Court action or lease termination are additional options

What is the repair and deduct remedy in Texas?

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Bottom line: After proper written notice and a reasonable time, a tenant may pay for mold repairs and deduct the cost from rent, up to the greater of one month’s rent or $500, provided the tenant gives the landlord the repair receipt.

The tenant must notify the landlord in writing of intent to repair at the landlord’s expense, allow a reasonable time (seven-day presumption), then complete the repair and supply the landlord with a copy of the bill and receipt. The deduction cannot exceed the statutory cap, and the tenant must remain current on rent throughout the process.

Repair-and-Deduct Steps 1. Send dated written notice to landlord (certified/registered mail recommended) 2. Wait reasonable time (7 days presumed) 3. Have repair performed 4. Provide landlord itemized bill and paid receipt 5. Deduct cost from next rent payment (≤1 mo rent or $500)

Summary: - Statutory cap: one month’s rent or $500, whichever is greater - Written notice and receipt delivery mandatory - Tenant must stay current on rent

Who regulates mold professionals in Texas?

Also asked: Texas mold licensing agency, TDLR mold oversight, who licenses mold contractors Texas, state mold regulator Texas, mold complaint authority Texas

Bottom line: The Texas Department of Licensing and Regulation (TDLR) licenses and disciplines mold assessment and remediation professionals; EPA enforces the separate RRP lead-paint rule for pre-1978 homes.

TDLR issues six license categories, maintains an online license lookup, accepts consumer complaints within two years of the incident, and posts disciplinary orders for three years after signing. EPA Region 6 oversees the Renovation, Repair, and Painting (RRP) Rule requiring eight-hour renovator certification and firm certification (both valid five years) when painted surfaces are disturbed in homes built before 1978.

Regulator Responsibilities - TDLR – mold licenses, complaints, discipline - EPA – RRP lead-safe practices (pre-1978 homes) - PSI – examination delivery - Texas Dept. of Insurance – flood recovery info

Summary: - TDLR is the primary mold licensing authority - EPA handles lead-paint renovation rules - Complaints must be filed within two years

Key Definitions - Mold: a type of fungus that is present in our natural environment. (Source: TDLR) - CMDR: Certificate of Mold Damage Remediation. (Source: TDLR) - Habitable housing: an obligation to repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant. (Source: Texas Property Code) - Reasonable amount of time: 7 days, although this can be challenged based on the severity of the problem and the availability of material and labor. (Source: Texas Property Code)

Sources and Limitations: This content is based solely on Texas Occupations Code Chapter 1958, Texas Property Code Chapter 92, and TDLR advisory guidance provided. It does not cover private insurance policy terms or federal housing program complaint procedures beyond the extracted facts.

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