Mold in homes is a major problem. Recent figures from Statistics Netherlands (CBS) show that in 2024, one in five households will be affected byad from moisture or mold in house.11 in 5 households has problems with moisture or mold in their home | CBS As previously reported our colleague Mildred Brun about Awaab Ishak, for many years was exposed from mold. His situation makes it painfully clear that molds pose serious health risksand, especially for children. This raises the question of what responsibility landlords bear for their tenants' living environment.
In this blog we reflect on the way whereupon how mold gets into your home and the potential health risks. Next, describe we'll explore what legal options are available to solve the problem.
How does mold grow in the home?
Molds grow in damp places because water is necessary for the metabolism, enzyme activity, and structural integrity. Mold growth is therefore linked to moisture availability, expressed as relative humidity (RH) and local surface moisture conditions. In general, a relative humidity of more than 70% conditionindeed is conducive to mold growth.
Mold can grow in the home on materials that both retain moisture and contain organic matter. Think of places where there is excessive moisture over a prolonged period, for example, due to condensation, leaks, or insufficient ventilation. Porous, organic building materials such as wood, plaster, paper, cardboard, and textiles pose the greatest risk, but due to contamination with dust, grease, and skin cells, mold can also grow on materials such as concrete, stone, stucco, paint, and plastic.fabric and sealantmaterial possible.
Molds don't really growon the material, butthanks to the material, combined with moisture and dirt. Any surface that remains damp for an extended period and provides a source of nutrients can develop mold inside the home.
How do you come into contact with mold?
Products of fungi, such as spores, fragments of fungal hyphae, and volatile substances that to be fromgeWhen they collide, they become airborne. This is caused by air currents, temperature differences, or movement—for example, during cleaning. Through these airborne particles,and personand come into contact with it.
Why are molds so dangerous?
Because people inhaling airborne particles, forming molds It poses a particular risk to the airways and lungs. Depending on its size, the fungus can penetrate as far as the small airways and alveoli. This results in direct irritation of the mucous membrane, accompanied by swelling, increased mucus production, and shortness of breath due to narrowing of the airways (bronchoconstriction). Certain toxic substances produced by fungi can even directly damage the mucous membranes.
Most health problems arise because the immune system reacts to these substances. Many Common consequences include the onset or worsening of allergic asthma and chronic respiratory symptoms (bronchitis or COPD and allergic rhinitis (“moldy nose”). In rare cases, the alveoli become chronically inflamed (hypersensitivity pneumonitis), which can lead to permanent lung damage due to the formation of scar tissue in the lungs.
From scientific research it turns out that exposure to moisture problems and mold in homes is associated with a higher risk of symptoms related to the respiratory tract.2Indoor mold exposure, asthma, and rhinitis: findings from systematic reviews and recent longitudinal studies. Caillaud et al. Eur Respir Rev 2018;27(148):170137. This is especially true for children, but it also applies to adults. Some studies have found that people who live in damp or moldy buildings can have up to 75% more are at risk of respiratory problems and asthma-related problems.3Meta-analysis of the associations between respiratory health effects and dampness and mold in homes. Fisk et al. Indoor Air. August 2007;17(4):284-96. In 2009, the World Health Organization (WHO)recommended about the dangers of molds.4WHO Guidelines for Indoor Air Quality: Dampness and Mold, 2009. According to dthe WHOconstitutes Mold growth in homes is a proven risk factor for respiratory diseases, which is why preventive measures be advised to prevent moisture problems and mold growth.
From certain is pursuing a degree that long-term Exposure to mold may also be a factor may be associated with symptoms such as fatigue, jointpain, headache, difficulty concentrating, sleep problems, and mood swings.5Fatigue and Exposure to Mold and/or Dampness: A Systematic Review of the Literature from 2011 to 2018. Dooley et al. Environmental Analysis and Health Toxicology, Aug. 25, 2025; 40(3); e2025018. This risk applies primarily to vulnerable groups such as children, the elderly, and people with weakened immune systems. Mfurther research will must be conducted to determine whether these symptoms are a direct result of prolonged exposure to mold.
The Legal Aspects
HThe problem of mold encounters especially ‘’residents who have few or no alternatives". These are often people who to financial reasons unable to move and are unable or afraid to hold the landlord accountable for his obligations.
By law, a landlord must compensate for damage caused by a defect in the rental property. Smold in the a home can point out a flaw. This requires that the fungus was caused by something that attributable to the landlord. This is the case, for example, when the mold is caused by leaks resulting from inadequate maintenance of the property or structural defects. Mold can also result from the tenant’s behavior, for example, if the tenant does not ventilate the property sufficiently or fails to maintain it properly. In that case, it does not constitute a defect wherefor the farthe tenant is liable. Still, one shouldn't expect too much from a tenant, is evident from case law; zFor example, a tenant cannot be expected to incur high heating costs to keep the home warm and dry keep.6Court of The Hague, March 24, 2020, ECLI:NL:GHDHA:2020:1921, para. 14.
In addition, it is important that the tenant be able to prove that mold is the cause of the health problems and the resulting damage. That can be difficult, because other factors may also come into play. For this reason, is often medical research required. Sometimes it's also possible to a help the municipality with finding a solutionsng. For example, the city of Rotterdam has a hotline for residents with mold problems.7https://www.leefbaarrotterdam.nl/meldpunt/
If it is established that mold was able to develop due to a circumstance attributable to the landlord, then the tenant's right on rent reduction until the cause of the problem has been resolved. The tenant may also in that case are entitled to compensation for non-economic damages, which may consist ofn deprived of the joy of living.
It is important that to create a moldproblem in the home timeig to reportand with the landlord. It is important that you correspondence with the the landlord retains. If the landlord fails to resolve the problem, then it could be examined whether the landlord is liable can besetd for the damage. It seems advisable to do this together with other tenants in the apartment building.
Do you have any health issues that may be related to mold and Are you wondering what your legal status is?? Beer advocaten is dedicated exclusively to supporting victims and is happy to work with you to find solutions. Please feel free to contact us.
This blog was written by Nadim Abdalla, Puck van Maanen, Bert Manten and Bojan Dekker. Abdalla, Van Maanen and Dekker are if lawyer Employed at Beer advocaten, Manten is an internist-intensive care specialist and as a medical advisor affiliated with the firm.
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- 2Indoor mold exposure, asthma, and rhinitis: findings from systematic reviews and recent longitudinal studies. Caillaud et al. Eur Respir Rev 2018;27(148):170137. ↩︎
- 3Meta-analysis of the associations between respiratory health effects and dampness and mold in homes. Fisk et al. Indoor Air. August 2007;17(4):284-96. ↩︎
- 4WHO Guidelines for Indoor Air Quality: Dampness and Mold, 2009. ↩︎
- 5Fatigue and Exposure to Mold and/or Dampness: A Systematic Review of the Literature from 2011 to 2018. Dooley et al. Environmental Analysis and Health Toxicology, Aug. 25, 2025; 40(3); e2025018. ↩︎
- 6Court of The Hague, March 24, 2020, ECLI:NL:GHDHA:2020:1921, para. 14. ↩︎
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