Mold Disclosure Laws by State (2026): The Complete 50-State Guide
No federal mold disclosure law exists. State requirements range from detailed statutory mandates to silence. This guide covers what's actually required, state by state, as of 2026. Contact Mold Remediation Hotline at (332) 220-0303 for documentation support.
No Federal Law
The US has no single federal mold disclosure requirement. Approximately 11 states have enacted specific mold disclosure statutes; the rest rely on general material-defect frameworks.
Key Findings
- ~11 states have specific mold disclosure statutes (CA, TX, NY, NJ, VA, MT, FL, LA, ME, NH, OK)
- California SB 610 (2025) strengthened rental disclosure requirements
- Texas SB 1255 (2025) updated statutory mold definition and landlord duties
- Virginia HB 817 (July 2024) added IICRC S520 remediation standard requirement
- New York 2019 law followed by reported 20% decrease in tenant mold health complaints
- Maryland framework showed 30% decrease in mold litigation after implementation
- 11 states require mold inspector licensing
State-by-State Table
| State | Seller Disclosure | Landlord Duty | Inspector Licensing | Key Statute |
|---|---|---|---|---|
| California | Required (TDS form) | Written disclosure required | No state license | H&S Code §26100 (2001); SB 610 (2025) |
| Texas | Required (TREC form) | Required; updated 2025 | Licensed (TDLR) | TX Property Code §92.056; SB 1255 (2025) |
| New York | Required (PCDA) | Required (2019 law) | Licensed (DEC) | NY Property Law §462; Local Law 55 (2018) |
| New Jersey | Required | Required (2022–2023) | Licensed (DEP) | NJ P.L. 2023 c.20 |
| Virginia | Required | IICRC standards required | Licensed (DPOR) | VA Code §55.1-703; HB 817 (July 2024) |
| Montana | Required | Required | No state license | Mold Disclosure Act (2003) |
| Florida | General defect (§689.004) | Habitability duty | Licensed (DBPR) | FL Stat §689.004 |
| All other states | General material-defect | Implied warranty of habitability | No specific license | State disclosure statutes |
See our related resources: mold tenant lawsuit win rates, uninhabitability evidence standards, inspector certification comparison, how mold devalues a home, insurance claim denial rates.
Frequently Asked Questions
- Is there a federal mold disclosure law?
- No. No federal law specifically requires mold disclosure. Federal law addresses lead paint and asbestos but not mold. Requirements come entirely from state law.
- Does California require mold disclosure?
- Yes. The Toxic Mold Protection Act of 2001 requires landlords to disclose known or suspected mold. SB 610 (2025) strengthened rental disclosure requirements.
- Do landlords have to disclose mold to tenants?
- Varies by state. CA, NY, NJ require written landlord disclosure. TX updated its definition in 2025 (SB 1255). In states without specific laws, landlords still have duties under habitability requirements.
- What states license mold inspectors?
- As of 2026: Florida, Texas, New York, New Jersey, Washington DC, Louisiana, Kentucky, Maine, New Hampshire, Oklahoma, and Virginia. In unlicensed states, verify credentials (CMRS, CMI, ACAC) and ensure AIHA-accredited lab analysis.
- What happens if a seller fails to disclose mold?
- Liability for fraudulent concealment, rescission of sale, compensatory damages, and potentially punitive damages. Maryland showed a 30% decrease in mold litigation after implementing disclosure requirements.