The House Next Door Has Black Mold. Do I Tell Potential Tenants?

New York Times

18-06-2025

My wife and I live in a neighborhood of single-family homes, most of which are owner-occupied. The home next door, however, is rented out by an absentee landlord. We became friendly with the previous tenants, who moved out very abruptly a couple of weeks ago. We learned from them that the house is infested with black mold, as identified by a professional testing company, and they shared the results with us. The mold issue was serious enough to cause health issues for the previous tenants. To our knowledge, the landlord has done nothing to mitigate this issue, and now he has listed the house for rent again. Our concern is that we've seen families with small children looking at the house. We believe that we might be in legal jeopardy if we were to inform prospective tenants about the mold issue, but what is our moral obligation? — Name Withheld
From the Ethicist:
In the late 1990s, Stachybotrys chartarum — sometimes dubbed 'toxic black mold' — became the subject of national alarm, with news stories linking it to devastating health effects. Much of that panic was later walked back after scientific review. Still, people with allergies can experience a stuffy or runny nose and the like from mold exposure, while for people with asthma, compromised immune systems or simply bad luck, mold exposure can be genuinely harmful. In children, mold exposure has been associated with an increased risk of developing asthma. In every state, a landlord implicitly promises that a rental property is habitable. What counts as 'habitable' varies by jurisdiction, but a serious mold problem most likely violates that standard.
If the previous tenants shared their testing results with you, try to get a copy, if you haven't already. You'll want to satisfy to yourself, too, that the company doing the mold inspection is on the up-and-up; notoriously, there can be a conflict of interest when the people doing the inspections are also in the remediation business. ('In most cases, if visible mold growth is present, sampling is unnecessary,' the E.P.A. advises, while the C.D.C. flatly says that it 'does not recommend mold testing,' noting that 'there are no set standards for what is and what is not an acceptable quantity of different kinds of mold in a home.') Assuming the problem has been correctly identified, you might write the landlord, asking whether the issue has been addressed, and sharing your health concerns.
If you're convinced that the danger remains, you could share the documentation with the agent listing this rental property. Realtors have their own ethical and legal obligations: If they believe the home is uninhabitable, they can't simply let tenants assume the risk. And they're unlikely to want to expose themselves to legal jeopardy for concealing a defect. (Disclosing facts shouldn't expose you to legal jeopardy, but that's a question for a lawyer.)
You're not under a moral obligation to act, and you wouldn't be wrong to stay out of it. But this is the kind of gesture that, when well-informed, can make the world a little better. If a child were to suffer because no one spoke up, you might wish you had said something. If you were the one about to move in, you would want to know. A decent society depends, in part, on people who choose to help when they don't strictly have to.
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