Landlords, legally, must allow non-intrusive mold, asbestos and lead inspections to occur.

Recently we have been asked what rights do I have if I want to have my home / apartment inspected for mold, asbestos and/or lead? I am concerned because each of these contaminants can adversely affect my health but the Landlord is threatening to evict me or charge the inspector with trespassing.

So, the question is, can I just invite an inspector over to have a look? Am I within my rights to do so?

The answer is yes.

You have the right to invite an inspector over and have a thorough, non-intrusive inspection completed. This means air-samples, visual / thermal imagery, physical swabs and digital recording done in your home.

Sometimes the inspection would be a brief review followed up possibly with a report. The inspector will verbally discuss the areas of concern with you and provide a cost to address the issues found. The location of a primary source of moisture will be paramount in addressing a mold issue.

 

Which inspector may provide a mold or environmental inspection report?

Many individuals present themselves as inspectors providing services for mold / environmental  inspection of homes including detailed reports. Some are governed by their professional orders such as engineers, architects, experts in structural building or entrepreneurs with municipal licenses.

Moreover, mold / environmental inspectors should be licensed by the IICRC, (The Institute of Inspection, Cleaning and Restoration Certification organization).

The mold / environmental inspection report and agreement is generally service contract that obliges the inspector who renders a service to a client after examination of the property in question.

What is the responsibility of the inspector regarding the mold / environmental inspection report?

The inspector has the obligation of diligence and prudence and reasonableness (‘’moyen’’) comparing it to a diligent and prudent inspector placed in the same circumstances rather than an obligation of result.

Consequently, it is the obligation of the inspector to outline the potential issues and defects to his/her client and advise him/her of the consequences and to suggest to him/her possible sources / issues within the home / apartment that relate to the possible presence of mold or other environmental contaminants depending upon which form of testing is performed, (inspections are typically looking for either mold, asbestos or lead and are performed individually depending up the requirements of the client).

It is the obligation of the Tenant to understand the briefing that the inspector will provide once the home / apartment has been reviewed. If a report has been ordered, the Tenant must read the report carefully and pursue the recommendations by the inspector. A good inspector will always be available to provide insight and advice on how to address issues that we found during the course of the inspection.

Recourse against the inspector before the courts

There is no reproach or recourse that can be made against an inspector invited into the home / apartment by the client for the purposes of understanding the current condition of the home as it relates to mold / environmental contamination.  .

 

Call 416-254-7256 to talk with us about your issue anytime.

Maple Leaf Mold Inc. is a certified  mold / asbestos / lead removal and environmental air analysis company located in Toronto that uses certified IICRC technicians for all testing and remediation projects.

We are a professionally licensed firm experienced in testing, verifying  and removing Mold / Asbestos / Lead and other environmental contaminants as well as providing disinfection services to control and kill biological contaminants.