Air quality test

[Xilac143]

Can tenant demand air quality test for the whole house? There was mold issue on the basement which I had treated before they moved in.after 7months tenant tells me the mold is back… she is getting sick and wants to make sure whole house is mold free. I had the basement checked with same company who treated it and mold is back due to dehumidifier was not placed when he suggested it to us. Tenant told me before they will provide verbally which they are now denying. They also blamed me for not having the basement window fixed…i didnt because the window expert guy told me there is no leak… it will cost me 12k to treat the whole house to pass air quality… but it was not my fault that it was back… it was also tenants fault. Can i do thia and ask tenant to provide me air quality test as well when they move out so I know my money doesnt go to waste

[SettlementOrgMod]

Hi there,

Thank you for sharing your question and situation with us.

According to the Canadian Centre for Housing Rights,

The Code says that every person has a right to equal treatment without discrimination. Environmental Sensitivities is recognized as a disability by the Ontario Human Rights Commission. Under the Human Rights Code, landlords have a legal duty to accommodate rental housing tenants with all types of disabilities.

Environmental Sensitivities can be extremely debilitating. Symptoms can include and are not limited to: neurological symptoms such as trouble concentrating and remembering, seizures, anxiety and depression, respiratory problems such as wheezing and shortness of breath, skin rashes such as eczema and hives, gastrointestinal symptoms such as nausea, bloating and abdominal pain, and muscle or joint pains. While some people will have mild reactions, others can become completely disabled.

Research has revealed that people with allergies to dusts, mould, pollen and animal dander are more likely to have environmental sensitivities and vice versa.The source of sensitivities may not be a single item, but multiple items within a building. Common reported irritants include but are not limited to: perfumes, air fresheners, cleaning products, paint, fumes, and laundry detergent.

When working with residents who have environmental sensitivities, it is important for housing providers to realize that substances in their apartment, the building and on tradespersons and staff can trigger reactions and impact their health. People with this condition, recognized as a disability by the Ontario and Canadian Human Rights Commissions, therefore view defending their safe spaces as a serious matter.

One of the responsibilities of a landlord, as outlined according to the Residential Tenancies Act, is to keep the home in good repair. Here is an excerpt from the Settlement.Org article, what are my responsibilities of a landlord?

You must repair and maintain the home, and obey provincial and city health, safety and maintenance standards. You are responsible for repairs even if the tenant knew about problems before agreeing to rent the home. Tenants are responsible for any damage that they or their guests cause. […] You cannot change any of these responsibilities by making a verbal or written agreement with the tenant. If you include conditions in a lease that contradict these responsibilities, those conditions are not valid.

It may be best that you contact a community legal clinic for some advice regarding your situation. You may also want to contact the Landlord’s Self Help Centre for further help/information. The Landlord’s Self-Help Centre is a non-profit specialty community legal clinic funded by Legal Aid Ontario and mandated to provide support exclusively to Ontario’s small landlord community.

We hope this information is helpful, if you have any additional questions, please feel free to post them here.

Settlement.Org Team

[christiesternerz]

@Xilac143

Can tenant demand air quality test for the whole house? There was mold issue on the basement which I had treated before they moved in.after 7months tenant tells me the mold is back… she is getting sick and wants to make sure whole house is mold free. I had the basement checked with same company who treated it and mold is back due to dehumidifier was not placed when he suggested it to us. Tenant told me before they will provide verbally which they are now denying. They also blamed me for not having the basement window fixed…i didnt because the window expert guy told me there is no leak… it will cost me 12k to treat the whole house to pass air quality… but it was not my fault that it was back… it was also tenants fault. Can i do thia and ask tenant to provide me air quality test as well when they move out so I know my money doesnt go to waste

You can ask the tenant to test the air when they move out. Since the mold came back partly because they didn’t follow advice, it’s fair to share responsibility.