Thursday, March 28, 2024

Can I Sue Landlord For Mold

Actions To Take If You Have Significant Health Impairment Caused By Mold

Lawsuit: Mold In An Apartment – Who’s Responsible?

If you have a significant health impairment caused by mold, you’ll need a lawyer to sue your landlord or other responsible party. In that event, the lawyer will have the mold tested for toxicity as part of the “discovery” phase of the lawsuitthat period of time when each side gets to ask for and examine the other side’s facts.

For advice on lawsuits involving toxic mold, and how to assess liability, see the Nolo article Toxic Mold: Who to Sue. For help in finding an attorney experienced in mold cases, visit Nolo’s Lawyer Directory, where you can view information about each lawyer’s experience, education, and fees. By using Nolo’s directory you can narrow down candidates by geographic area and specialty before calling them for a phone or face-to-face interview.

Reasons You Can Sue Your Landlord

State specific laws will again come into play. In general, you may be able to file a lawsuit against your landlord for the following reasons.

  • Illegally Keeping Your Security Deposit: Each states landlord tenant law lists specific reasons a landlord can take deductions from your security deposit. If a landlord has made a deduction for a reason that is not legally allowed or which were not agreed specifically in advance, such as normal wear and tear on the property, then you could take your landlord to court. You can also file suit if your landlord has simply not returned your security deposit or is withholding it and falsely stating that you violated the terms of your lease.
  • Not Following Your States Security Deposit Laws: In addition to wrongfully withholding your security deposit, you may be able to sue your landlord if he or she does not follow additional security deposit rules. This could include charging more than the state maximum allowed, failing to notify you of where your deposit is being held or failing to include an itemized list of any deductions taken.
  • Housing Discrimination:If your landlord has violated the terms of the Federal Fair Housing Act, you may have a legal case against them. You will first have to file a complaint with HUD. HUD will investigate and if they feel the landlord has committed housing discrimination, further legal action will be taken.
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    Can You Sue Your Landlord For Mold Issues

    Yes, There are several circumstances under which you may be able to be compensated for mold.

    You can sue your landlord for mold:

    • If you notified your landlord that there is a water leak or that there is visible mold in the rental property, but your landlord has neglected to fix or remediate it
    • If you have any uninsured/unreimbursed past and future medical expenses due to mold exposure
    • If you have lost wages and will lose wages in the future due to your condition
    • If youve incurred any costs in attempting to remediate the mold yourself
    • For mold-related damages to your personal property, if you do not have renters insurance or your renters insurance does not cover mold
    • For your pain and suffering caused by the health effects of mold.

    The attorneys at Saffren & Weinberg focus on toxic mold lawsuits. We have successfully sued landlords for mold-related damages to tenants health and personal property, and we can help you get compensation for your health problems and property loss.

    PA: 576-0100

    NJ: 667-8888

    Give us a call to schedule your free consultation if youve suffered health or property damage due to mold. You are likely entitled to compensation.

    Read Also: How To Get Rid Of Mold Fast

    Landlords’ Responsibility And Liability For Mold

    Laws related to mold and mold damage vary from state to state. Depending on the law where you live, landlords might have to disclose suspected mold to new or potential tenants and clean up existing mold.

    Landlords must provide livable rentals under the implied warranty of habitability.

    In almost every state, landlords must provide livable rentals under the implied warranty of habitability. In general, the warranty of habitability requires landlords to maintain both the rental and the property as a whole so that living conditions are safe and secure.

    Under this warranty , a landlord who fails to prevent or clean up mold might be liable for any health problems you suffer as a result.

    What Constitutes An Apartment Accident Injury

    How To Sue Landlord For Black Mold

    An apartment injury occurs when a tenant or guest of a tenant is hurt on the premises of the apartment. The injury is a direct result of your landlords negligence to correct unsafe conditions on the property and is the sole cause for which you became injured. Generally, these tend to be slip and fall cases caused by damaged walkways, unsafe stairwells, lack of handrails, or insufficient lighting.

    However, injury can also occur when a landlord fails to remove pests and vermin from the property or refuses to hire a mold remediation company. Though these do not result in immediate injury, inhaling mold or pest droppings can lead to chronic illnesses.

    Read Also: What Does Mold Remediation Mean

    Does Carpet Cause Indoor Air Quality Problems In Schools

    Carpet use in schools provides a decrease in noise, falls, and injuries. IAQ problems can be encountered with carpet and many other materials if the school has any type of water intrusion or moisture problem, such as a leaky roof. If carpeting remains damp, it can become a primary source for microbial growth, which frequently results in adverse health effects. Carpet and other furnishings that become significantly water damaged should be removed and discarded or steam cleaned and thoroughly dried before reinstallation.

    New carpet systems , like most new interior finishing materials, will off-gas VOCs for a period of time after being installed. These emissions can be significantly reduced, although not completely eliminated, in the first 72 hours through the use of proper ventilation techniques. With any floor covering system, low VOC emission products should be selected and used in school applications.

    Read more about carpet at www.epa.gov/iaq/schooldesign/controlling.html#Carpet

    What To Pack When Moving Into An Apartment

    A popular rule of thumb says your income should be around 3 times your rent. So, if youre looking for a place that costs $1,000 per month, you may need to earn at least $3,000 per month. Many apartment complexes and landlords do follow this rule, so it makes sense to focus only on rentals youre likely to qualify for.

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    Mold Clauses In Leases

    Some landlords include clauses in the lease that purport to relieve them from any liability resulting from mold growth. At least one court has refused to enforce such a clause, ruling that to do so would be against public policy. More cases from other parts of the country are sure to arise as mold litigation makes its way through the courts. Some states require landlords to disclose information about mold to tenants.

    A smart landlord will try to prevent the conditions that lead to the growth of moldand tenants should be the landlords partner in this effort. This approach requires maintaining the structural integrity of the property , which is the landlords job. You can help by preventing mold problems in your home in the first place and promptly reporting problems that need the landlords attention.

    Landlord Failure To Remediate Mold Your Right To Sue

    What can I do if my landlord won’t fix mold?

    In California, just like in almost every other state in the country, tenants are entitled to living spaces that are safe and clean and that present no health risk. Unfortunately, many landlords do little to nothing to ensure that their properties are habitable, which can put tenants in significant risk of harm. A common issue is mold.

    Is there mold in your rental apartment or house? If your landlord failed to take action to remediate the mold present on the rental property, then you might have grounds to file a lawsuit. For more information about the legal options available to you if you were exposed to mold in your rental home, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.

    Here at Downtown L.A. Law Group, we are a law firm experienced in landlord-tenant cases. We are on your side. We know the difficulties that tenants face when dealing with rental properties and we want to help you. If your landlord failed to remediate mold and is essentially forcing you and your family to live in dangerous conditions, our lawyers are more than ready to evaluate your claim and provide you with the guidance that you need to win. If you are ready to discuss your rights and what you could potentially recover with the experts at our law firm, do not hesitate to contact our lawyers today.

    If you are ready to speak with our experts, contact us today.

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    How Can I Test My Apartment For Mold

    Tenants should stay vigilant when it comes to mold in apartments. Be on the lookout for signs of mold growth such as water spots or suspicious stains, a musty or moldy smell, and leaky pipes. If you have been experiencing allergic symptoms, headaches, or difficulty breathing, it may be to mold. Make sure to alert your landlord as soon as possible. Your landlord can inspect the rental unit and test for the presence of mold.

    Repeated Privacy Violations And Illegal Entry

    Among other tenants rights, renters have a right to privacy and quiet enjoyment. Landlords must provide a certain amount of time usually 24 to 48 hours in between when they notify the tenant of their intention to to enter the unit and when they do. The exception to this rule is emergencies.

    If your landlord repeated barges into your home without providing proper notice, it can constitute a privacy violation or even harassment.

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    You Have Had To Visit The Doctor As A Result Of Mold Exposure

    If you do not have medial insurance or your insurance doesnt cover the entire cost of the medical expenses related to your exposure to mold, you can sue to get reimbursed. Not to mention, suing can help you recover costs for future medical treatment that may be required as a result of mold exposure.

    Allows Your Unit To Become Uninhabitable

    Can a Landlord Sue a Tenant for Mold Growth?

    Your landlord must keep his units inhabitable. That means providing common services for normal living conditions. This includes heat and running water. If you have an issue with these, you should talk to your landlord. If he refuses to respond appropriately, you usually have the right to notify him that you will withhold rent or move out if the issue is not resolved. You may also sue for this negligence.

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    What The Landlord Can Do

    In the event that mold is apparent, the aforementioned professional intervention is required. Mold is dangerous and should not be handled by amateurs. Not only that, but there is also a chance that the mold may not be completely eliminated unless done by an experienced professional.

    The landlord may or may not have insurance to protect against mold. Even if they dont, they are legally obligated to keep the rental property in what is known as habitable condition. That means they have to do everything they can to make the home livable. Living with mold violates that condition.

    The landlord is then required to remove the mold from the property, insurance, or not. If they fail to fix leaks and remedy the mold issue, they are liable and can be taken to court over this inaction.

    Can Tenant Sue Landlord For Mold In Michigan

    Can tenant sue landlord for mold in michigan? Michigan law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs within 30 days of the tenants lease termination.

    Does Michigan have mold laws? The State of Michigan does not have laws that require anyone to cleanup, remove, or report mold in any type of indoor environment. The State of Michigan does not have a program to address issues related to mold, other than to provide people basic information about mold clean-up.

    How Can I sue my landlord for mold exposure? In what has been deemed the largest personal injury verdict in a toxic mold-related lawsuit in the U.S., a Sacramento, Calif., jury awarded Darren and Marcie Mazza and their eight-year-old son, Bryce, $2.7 million on Nov. 8.

    How much is a mold lawsuit worth? Yes, you can sue your landlord for mold issues. Whether youve just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.

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    Toxic Mold Is Your Landlords Responsibility

    A landlord is required by law to provide you with proper living condition for their tenants. It is even stated in the lease agreements. They must provide a home that is free from health or safety hazards. This is called implied warranty of habitability.

    Since the relationship between you and your landlord are legally defined through a lease agreement, contractual provisions addressing things that lead to mold growth would be enforceable. For instance, if your contract states that the landlord is responsible for fixing all plumbing problems, but a leaky pipe eventually leads to mold growth, failure to fix this issues can result to a breach of contract lawsuit. This is when an insurance claims attorney is necessary.

    Mold In Apartments Tenants Rights

    Renters Rights: How to deal with a mold problem

    Landlords should take toxic mold seriously, just as they would in their own homes. As a tenant, you have rights that may hold your landlord liable for mold exposure. Landlord liability is typically determined on a case-by-case basis and is often decided in court. If you are a tenant who has been exposed to toxic mold, contact the attorneys at WKW for a case evaluation.

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    How Long Does It Take For Mold To Affect Your Health

    The answer to this question depends on a variety of factors: you, your health, the type of mold, the amount of mold, how long you were exposed to mold, and how close you are to the mold. Some people develop symptoms immediately upon moving into a rental unit, while some people develop symptoms gradually.

    If you already have lots of allergies one of them being mold you could expect to react very quickly to a mold problem. Meanwhile, if you dont have any allergies, your body may not react to mold damage in your environment at all.

    Large amounts of mold are more likely to trigger health issues than small amounts of mold. Similarly, long-term mold exposure is more likely to trigger health issues than short-term exposure. If youre super close to the mold problem, youre also more likely to develop mold related health issues.

    Lastly, exposure to one of the aforementioned types of mold that can be toxic such as black mold, for example is more likely to trigger health issues compared to harmless types of mold.

    How Do You Know If Black Mold Is Affecting You

    The most common black mold symptoms and health effects are associated with a respiratory response. Chronic coughing and sneezing, irritation to the eyes, mucus membranes of the nose and throat, rashes, chronic fatigue and persistent headaches can all be symptomatic of black mold exposure or black mold poisoning.

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    Can A Landlord Rely On A Waiver To Avoid Repairing Mold Problems

    In general, a landlord may not rely on a waiver to avoid repairing mold damage. According to Texas state law, a landlord has a statutory duty to make repairs for certain conditions that can never be waived by a tenant. In other words, a Texas landlord has an affirmative duty to abide by these Texas statutory requirements regarding repairs in almost all instances.

    One issue that frequently arises in connection with waivers is whether a landlord and tenant have agreed to specific terms or included a certain clause in a rental agreement .

    While creating a lease agreement is clearly an acceptable practice, the terms of a rental agreement must comply with Texas state laws. Accordingly, any attempts to waive mold repair requirements in such a contract can make the contract invalid or else unenforceable in regard to a particular term.

    One final important note about waivers and repairing mold problems is that the Texas Property Code provides some exceptions. According to Chapter 92 of the Texas Property Code, a tenant may not waive requirements that affect the physical health or safety of the tenant unless:

  • The landlord and tenant agree that the tenant will pay for repairs for any of the following conditions, but only if those conditions were not caused by the landlords negligence:
  • Damage to doors, windows, or screens
  • Damage from doors or windows left open and
  • Can I Sue For Mold Exposure

    How To Sue Landlord For Black Mold

    Whether its a dodgy landlord, the toilet in work no one wants to use, mold lurks everywhere, and exposure often leaves us with coughs or more severe health conditions for people with asthma! Mold can also affect our property too. Once your favorite bag or sneakers, little blue/black dots and that oh so delightful smell mold has infiltrated them and rendered them unusable!

    Usually, we are faced with a bill to replace them, and suddenly, no one is there offering to help.

    So what can be done? Can we finally take on the fat cats that leave us in these less than safe conditions? Can we sue for mold exposure?

    Lets find out if there is a way to rightly get compensated for issues that are nine times out of ten out of our control!

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