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Texas Mold Remediation Laws: What Homeowners Need to Know

Independent consumer guide, not legal advice. Not affiliated with TDLR. Statute text checked against the Texas Constitution and Statutes site and TDLR's mold program pages as of October 2026.

When Is a Mold License Required in Texas?

Under §1958.101, a person may not perform mold assessment without a mold assessment license or mold remediation without a mold remediation license. The statute defines the two jobs broadly (§1958.001):

• Mold assessment is inspecting or surveying a building for mold, developing a mold management plan or remediation protocol, or collecting or analyzing a mold sample.
• Mold remediation is the removal, cleaning, sanitizing, demolition, or other treatment of mold or mold-contaminated material, including preventive work.

The practical dividing line for homeowners is size. §1958.102(c) says no license is needed to remediate an area where mold affects a total surface area of less than 25 contiguous square feet. At 25 contiguous square feet or more, a hired remediator needs a TDLR license unless another exemption applies. TDLR's 2025 consumer protection sheet puts it the same way: in most instances, visible mold under 25 contiguous square feet may be cleaned by people who are not licensed.

Three details people miss:

• The 25 sq ft threshold is a remediation exemption. There is no size threshold for assessment. Anyone you pay to inspect, sample, or write a protocol must be licensed unless an owner-type exemption applies. TDLR's FAQ says even a licensed real estate inspector needs a mold license to take air or spore samples.
• If you hire a licensed remediator for a small job, the rules still apply to them. Per the TDLR FAQ, they still need a work plan that follows a licensed consultant's protocol, though they don't have to file a project notice.
• Chapter 1958 does not cover routine cleaning, HVAC/plumbing/electrical repair, standard real estate inspections, or incidental discovery and emergency containment of mold when those aren't done for mold assessment or remediation (§1958.002(b)).

Who Is Exempt From Texas Mold Licensing?

§1958.102 lists the exemptions. In current form:

For a typical homeowner, that means you can legally clean up mold in your own single-family house yourself, even a large area. The exemption is yours, though, and doesn't extend to a handyman or general contractor you hire. If they're doing mold remediation for the public on 25+ square feet, they need a license. Tenants rely on §1958.102(a), so a renter's own cleanup is limited to under 25 contiguous square feet.

One caution if you go the DIY route: a consultant who didn't write a protocol before your cleanup cannot later declare “clearance.” Per the TDLR FAQ, they can only inspect afterward and certify that the property “does not contain evidence of mold damage” on the bottom section of the CMDR form. That certification still counts for insurance purposes.

Mold Assessor vs. Mold Remediator: Why Texas Requires Two Companies

Texas separates the people who diagnose mold from the people who remove it. §1958.155 says a license holder may not perform both mold assessment and mold remediation on the same project, and a person may not own an interest in both the assessment entity and the remediation entity on the same project. The only carve-out is for license holders employed by a school district working on that district's own project. The Texas Attorney General warns consumers to be wary of companies offering multiple services for exactly this reason.

A regulated Texas mold project runs in this order:

1. Assessment. The assessor delivers a work analysis listing the rooms, quantities of material, remediation methods, and clearance criteria before remediation begins (§1958.151).
2. Work plan. The remediator gives you a written work plan before starting and keeps a copy on site (§1958.152).
3. TDLR notice. The remediator notifies TDLR at least 5 days before starting, or by the next business day in a water-damage emergency (§1958.153).
4. Remediation and clearance. The remediator does the work. The assessor evaluates it against the clearance criteria.
5. Closeout. Within 10 days you get before-and-after photos (§1958.156) and the CMDR (§1958.154).

Licensees must also give the client and property owner TDLR's Consumer Mold Information Sheet before any mold-related work begins (TDLR FAQ). To confirm both companies are licensed, use our step-by-step guide to verifying a TDLR mold license.

The Certificate of Mold Damage Remediation (CMDR)

The CMDR is the single most important document from a Texas mold job. Under §1958.154 and 16 TAC §78.150:

• The licensed remediator must deliver it to the property owner no later than 10 calendar days after the project stop date, on the Texas Department of Insurance form (MDR-1).
• A licensed mold assessment consultant, not the remediator, must state that, based on visual, procedural, and analytical evaluation, the mold was remediated as outlined in the protocol.
• If the consultant determines the underlying cause was fixed so the mold is reasonably certain not to return from that cause, the certificate says so. That box matters for insurance.
• The bottom section of the form lets a licensed consultant certify that a property worked on by legally unlicensed persons (such as a DIY owner) does not contain evidence of mold damage.
• The owner gets the photos within the same 10-day window (§1958.156(d)). The remediator must keep project records, including photos, the contract, and invoices, for at least three years.

It also limits liability: under §1958.303, an owner is not liable for damages related to mold remediation that accrued on or before the date a certificate was issued.

Insurance: Can an Insurer Hold Past Mold Against You?

Insurance Code §544.303 bars a residential property insurer from making an underwriting decision based on previous mold damage or a mold claim if the property had mold, was remediated, and either:

• you have a certificate of mold remediation under §1958.154 that establishes with reasonable certainty that the underlying cause was remediated, or
• an independent assessor or adjustor inspected the property and found no evidence of mold damage.

The protection applies to insurers writing homeowners and residential fire and allied lines policies. Under §544.301 it does not cover eligible surplus lines insurers, the Texas Windstorm Insurance Association, or the FAIR Plan. Coverage for the mold itself is a separate question. The Attorney General notes that common HO-A policies generally cover only sudden and accidental leaks, many policies exclude or cap mold remediation, and your insurer may suggest but cannot require a specific contractor.

Selling a Texas Home That Had Mold

Two rules apply. First, §1958.154(b) requires a seller to give the buyer a copy of each certificate of mold remediation issued for the property in the five years before the sale (repeated in 16 TAC §78.150(e)). Second, Property Code §5.008 requires sellers of most single-dwelling residential properties to give a written seller's disclosure notice of the conditions they know about. The statutory form doesn't list mold by name, but it asks about items such as water damage not due to a flood event, previous flooding, and previous roof or structural repair. A past mold problem often ties into those answers. Keep the CMDR, protocol, and photos to answer accurately and reassure buyers. Ask your agent or a real estate attorney if you're unsure.

Renters and Landlords: There Is No Texas Mold-Specific Statute

Texas has no statute that specifically requires landlords to inspect for or remove mold. TDLR's consumer sheet says current Texas law does not require landlords or property owners to inspect for or clean mold, and that TDLR cannot make a landlord clean it up. Mold complaints are handled like other repairs, through the lease and the general repair duty in Property Code Chapter 92.

Under §92.052, a landlord must make a diligent effort to repair or remedy a condition if the tenant gives notice to the person or place where rent is normally paid, the tenant is not behind on rent when notice is given, and the condition materially affects the physical health or safety of an ordinary tenant. The landlord generally has no duty to repair conditions caused by the tenant, household, or guests, other than normal wear and tear. A mold problem may or may not meet the health-or-safety standard depending on its size, cause, and effects. Underlying leaks and flooding are often the clearer repair issue.

Tenant remedies under §92.056 require specific notice steps, with a rebuttable presumption that 7 days is a reasonable repair time. Put requests in writing and keep copies and photos. Landlords with 10 or more units must use a licensed remediator for 25+ contiguous square feet (TDLR FAQ).

Checklist: Before You Hire a Texas Mold Company

1. Measure or estimate the affected area. Under 25 contiguous square feet can generally be handled without a license; 25 or more means you should plan on licensed professionals.
2. Fix or at least identify the moisture source first (leak, roof, HVAC condensation, drainage). Mold returns if the water does.
3. Hire a licensed mold assessor (MAC or ACO) first, and get the written work analysis/protocol before any remediation starts.
4. Hire a separate licensed remediator (MRC or RCO) with no ownership ties to the assessor (§1958.155).
5. Look up both the individual and the company on TDLR License Search and confirm the license type and expiration date.
6. Expect a Consumer Mold Information Sheet from each licensee before work begins, and a written remediation work plan from the remediator.
7. Ask the remediator to confirm they will file the required TDLR project notice (at least 5 days ahead, or by the next business day in an emergency).
8. Before final payment, confirm clearance by the assessor and a signed Certificate of Mold Damage Remediation within 10 days of completion, plus before-and-after photos.
9. If insurance is involved, review bids with your insurer before signing.
10. File the CMDR with your home records for future insurance and resale.

Verify every license on TDLR License Search or call TDLR at 800-803-9202. Our TDLR license verification guide walks through it in about two minutes.

Frequently Asked Questions About Texas Mold Laws

Primary Sources

• Texas Occupations Code Chapter 1958: Mold Assessors and Remediators
• TDLR Mold Assessors and Remediators program and TDLR mold FAQ
• TDLR Mold Remediation Consumer Protection sheet (2025, PDF)
• 16 Tex. Admin. Code §78.150: Certificate of Mold Damage Remediation
• Texas Insurance Code Chapter 544, Subchapter G (§544.301–.305)
• Texas Property Code Chapter 92 (Residential Tenancies) and Chapter 5 (§5.008 Seller's Disclosure)
• Texas Attorney General: Mold Remediation consumer guide
• TDLR License Search

This page is general information for Texas property owners and renters, not legal advice. Statutes and TDLR rules change. Rely on the current text of the sources above, TDLR Customer Service (800-803-9202), or a licensed Texas attorney for decisions about a specific property or dispute. Last reviewed October 5, 2026.