Wednesday, May 18, 2022

Can I Sue My Landlord For Mold Exposure

The Mold Has Caused General Pain And Suffering

Mold in Rented Home Prompts Tenant to Sue

Although pain and suffering can be difficult to calculate, where property damage, injury, or even inconvenience exists, tenants have the potential to recover anywhere from $3,000 to $10,000. In fact, some tenants have won massive settlements against landlords where the property damage or injury was severe.

For example, a tenant in California sued his landlord for failure to maintain the propertys crawl space. This resulted in moisture and toxic mold growing throughout the rental home. One of the tenants had to have sinus surgery and suffered hearing loss in one ear from middle ear infections caused by mold exposure. These tenants settled for a staggering $500,000.

Or, as another example, a jury awarded two women in Delaware over $1 million since their landlord did not fix leaks that were reported. These leaks resulted in mold and caused health problems for both tenants.

Suing Your Landlord For Mold

If you truly feel that the existence of mold in your rented property has caused you significant damage, then you can sue your landlord for damages. Typically, you can file a lawsuit against your landlord for mold under the following circumstances:

  • If you informed the property owner that there was water leakage or visible traces of mold in your house, but he/she did nothing to remedy the situation, and things have now got out of hand.
  • If you have incurred significant medical expenses due to mold exposure.
  • If you have incurred any cost trying to get rid of the mold yourself.
  • If you have lost wages or will probably lose wages in the future due to health complications you developed after being exposed to the mold.
  • If you have suffered significant pain and suffering.

Can I Sue My Landlord For Damages From The Mold In My Home

In some situations, you may be able to sue your landlord in civil court for damages from the mold in your rental home. As previously mentioned, if there is mold that has not been remediated, your landlord may be held liable for your damages. They may also be held liable if they knew about leaks, flooded carpets, and ventilation and plumbing issues but fail to take action to prevent mold from developing.

As with other personal injury cases, you will need to prove duty, damage, and causation. Additionally, you will need to prove that you actually suffered damage as a result of the landlordâs failure to maintain habitable conditions. Further, if the mold damages your personal possessions, causing you to suffer property damage, you may have a claim for those damages as well.

In some cases, a tenant may have a mold related illness as a result of their landlordâs violation of Californiaâs building code laws. Examples of mold related illnesses include:

  • Asthma
  • Throat, eye, or skin irritation or
  • Upper respiratory issues.

If your landlord is found liable for your mold related illnesses, you may be able to sue your landlord for your damages. These damages typically include the costs of medical expenses such as past or future medical bills related to the condition, as well as lost wages and other financial losses caused by the illness.

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Experienced Florida Trial Specialist Board Certified Civil Trial Lawyer

Alan Sackrins 38+ years of experience handling Florida personal injury cases makes him qualified to handle even the most complicated cases. Alan is a Board Certified trial lawyer which means he is a trial specialist with an emphasis in personal injury matters. A simple call puts you in contact with a committed, local attorney who will handle all aspects of your matter and work hard to help you get what you deserve. Alan will fight for your rights if you have suffered harm at hands of others in injury matters in South Florida and throughout the state of Florida. If you or a loved one has been injured due to toxic mold, contact Alan Sackrin, an experienced Personal Injury Attorney, today for a free consultation.

Which Mold Is Worse Black Or White

Ontario Landlord and Tenant Law: Getting sick from Mould ...

Black mold is considered highly toxic mold and poses terrible health risks. On the other hand, white mold is a powdery, stringy, flakey, or filmy substance that can change colour or remain white, making it difficult to identify. Generally speaking, white molds present less health risks than black mold.

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What Can Mold Do To Your Brain

Inflammation: Mold spores act as irritants, which can trigger the body to mount an immune response. This can lead to inflammation throughout the body. Inflammation in the brain can impair cognitive function, and in the case of chronic inflammation, this can lead to long-lasting cognitive impairment.

Does A Landlord Have A Duty To Remove Mold From A Rental Property

The Texas Property Code requires a landlord to address and repair certain conditions that may affect the physical health and safety of a Texas tenant. In general, a Texas landlord must âmake a diligent effortâ to fix a problem when all of the following factors are met:

  • A tenant provides sufficient notice of the issue to the person who regularly accepts the rent
  • The tenant is not delinquent or behind on rent payments at the time the issue occurs
  • The issue materially affects the physical health, safety, and/or overall well-being of an âordinary tenantâ and
  • The tenant, a tenantâs family member, or a tenantâs guest did not cause the issue in question.

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Is Mould A Landlords Responsibility

As a landlord, its both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould. And because damp and mould can wipe thousands off a propertys value, tackling the problem at the earliest stage will help ensure your investment isnt adversely affected.

Small Claims Court Lawsuits Involving Mold

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If you have mold-related losses , you might be able to sue your landlord in small claims court, if your claim is in the $3,000-$10,000 range, . See the Small Claims Court & Lawsuits section of Nolo’s site for details on small claims court, including how to do the following:

  • determine if you have a good case
  • write a demand letter to your landlord
  • prepare evidence on your mold-related losses,
  • present your case in small claims court, and
  • collect a court judgment.

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Mold And The Landlord’s Duty To Maintain Habitable Premises

Even if your state or city doesn’t have specific mold laws, your landlord could still be liable for a mold problem in your rental, as a result of landlords’ responsibility to provide safe and livable housing. Depending on the situation, state law might give you options such as rent withholding if your landlord fails to fix a serious mold problem, or you might be able to file a lawsuit for mold-related health problems.

What Are The Symptoms Of Long Term Mold Exposure

Mold is also known to cause asthma and life-threatening primary and secondary infections in immune-compromised patients that have been exposed. Toxic mold exposure has also been linked to more serious, long-term effects like memory loss, insomnia, anxiety, depression, trouble concentrating, and confusion.

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I Want To Sue My Landlord What Can I Do Next

Firstly, if theres a problem, you need to make your landlord aware, hopefully theyll take your complaint seriously and resolve the issue.

Check your contract, it should state the types of repair that the landlord is responsible for.

Collect evidence of the damage – ensure your landlord is made aware of the issue and send photos where relevant.

Make contact with your landlord or letting agent to explain the problem. This can be done verbally, but it is also a good idea to do it in writing so that you have a record.

Keep evidence of all correspondence – this includes text messages, emails and even letters to your landlord.

If the issues with the property are causing you to be ill, ensure you keep notes from the GP.

In instances where you feel forced to make the repairs yourself, make sure you keep the receipts as evidence.

If you want legal advice on whether you should sue your landlord, contact Natasha now on 0151 384 6148.

How Much Can You Sue For Mold Exposure

Can I Sue If I Find Mold in My Apartment?

If sued in the small claims court, you can expect to sue for $3-10,000 depending on the claim and the damage the mold exposure has caused.

There have been cases where individuals have won more depending on the severity of the mold. If an employer or a large corporation caused the mold, you could expect a larger payout then too. Generally, you can expect a few thousand dollars if you are suing for health-related issues or property loss. When completing your claim, be sure to note the exact cost at the point of purchase to get the correct money for your possessions lost to mold. In these cases, it can help contact a professional who can provide accurate information based on the small claims court near you and help accurately complete your claim.

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Who We Represent Types Of Mold Claims We Handle

Tenants who live, or used to live, in residential housing. The injuries should be severe .

Homeowners of condominiums with claims against their association, claims against a contractor or developer, claims against other unit owners, or claims against contractors.

Commercial Tenants tenants who lease commercial buildings, office buildings, industrial warehouse, or the like

Workplace Claims employees or other persons who spend considerable time at a workplace location.

Update: We are not accepting mold cases because of the high burdens needed to prove causation. However, we strongly advise anyone living in a residential building with mold that they believe to be making him or her sick, to immediately move out after giving the required notices. Many people feel better and breathe easier within days of leaving.

From Our Blog: Mold Claims by a Florida Tenant: Can You Sue the Landlord When Mold Is Found in a Leased Home, Apartment, Office, or Condo?

Federal Regulation Of Asbestos

Federal Occupational Safety and Health Administration laws apply to certain landlords in all states.

OSHA’s asbestos rules apply to every building constructed before 1981, even if there’s no plan to remodel or otherwise disturb the structure. . The rules also apply to newer structures known to contain asbestos.

Landlords who manage buildings built before 1981 must follow OSHA’s regulations if they:

  • hire any outside contractors for repairs or maintenance, regardless of how many rental units they oversee, or
  • employ more than ten people.

The exact protective measures landlords must take in their buildings varies from state to state, and depends on how workers will interact with asbestos. For example, a landlord who hires custodians to clean areas with intact asbestos tile might only have to provide instruction about asbestos safety, while a landlord overseeing a renovation where asbestos is being disturbed likely will have to test for asbestos, train workers, implement protection measures, and perform mitigation.

An employment attorney can advise landlords about how to comply with OSHA’s regulations. Learn more about employer liability for asbestos exposure.

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Can I Sue My Job For Mold Exposure

You can sue your job for mold exposure if there is a valid claim. If there is mold in your workplace and it has caused sickness, you are entitled to hire an attorney to seek compensation for medical bills or your paycheck if you have missed work without pay. Across the country, there are no federal standards or recommendations for airborne mold in the workplace. Still, employers are responsible for fixing the problem should their staff fall unwell due to the mold.

If your employer fails to take action after being made aware of the situation, you can sue your landlord. Contact an attorney who can help you file the claim appropriately.In the past, employers have won millions of dollars due to mold claims! The amount will vary depending on the severity, but be sure to have as much evidence as possible to help win your case.

Is My Landlord Responsible For Mold Removal

Local attorney has advice on winning mold cases in court

The law stipulates that landlords must provide their tenants with safe and secure living conditions. This means that it is the responsibility of your landlord to ensure your rental house/apartment is free of health hazards, such as mold.

Therefore, if you discover mold growth in your rented property, the first thing you should do is to contact your landlord and inform him/her about the issue.

If he/she doesnt move with speed to get rid of the mold, then they can potentially be held liable for any damages that may result from mold exposure.

Even if the landlord takes care of the problem, but you still show evidence of injuries you believe you developed after being exposed to the mold, you can still file a lawsuit against your landlord.

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Do I Need A Texas Lawyer To Help Deal With My Mold Problem

Mold issues in Texas can be fairly complex. If you are a Texas property owner who is experiencing issues with mold, then it may be in your best interest to contact a Texas landlord tenant lawyer as soon as possible. An experienced landlord tenant lawyer can recommend the best course of action to take and can assist you with whichever legal process you choose to resolve the issue.

Remember, mold in your home can sometimes cause serious problems that affect not only your property, but your health as well. Thus, if you become sick due to mold growing in your home, a landlord tenant lawyer will be able to provide representation in court and can help you to recover damages based on the circumstances.

  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service

Do I Have To Have The Property Inspected For The Mold Removal To Be Covered By The Landlord

Not always. Mold removal can be covered without an inspection where:

  • Your landlord agreed to the mold removal or
  • Without an agreement, a court finds that the mold condition materially affects the physical health or safety of an ordinary tenant and lets you:
  • end your lease, or
  • get a court order requiring mold removal.

If, however, you want to use the repair and deduct remedy, you must have the appropriate local housing, building, or health official provide the landlord with written notice that the mold condition materially affects the health or safety of an ordinary tenant. This official might be a city health inspector, for example.

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Toxic Mold Exposure And The Law

Most states do not have mold-specific laws on the books. Nonetheless, the statutes that govern premises liability and personal injury liability remain the standard by which such cases are judged. That means the role of negligence governs the question of liability.

In order for an individual to be guilty of negligence in a premises liability lawsuit, that person must be aware that the problem exists or should have been aware that the problem existed. In other words, negligence can be inferred circumstantially in some cases. When the issue is toxic mold exposure, its not incredibly difficult for landlords to be held liable for having allowed a toxic environment to fester.

For instance, a landlord should conduct a thorough inspection of the premises before a new tenant moves in. If a tenant moves in and begins to display signs of CIRS, they have every right to recover damages from the landlord.In states that do have mold-specific laws on the books, the burden is redoubled on the landlord to ensure that the environment is safe for their tenants. That could mean forcing the landlord to conduct timely inspections to make negligence even easier to prove.

Discovering Black Mold In Your Rental: First Steps

Can I Sue My Landlord For Black Mold?

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold . The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

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What Should I Do If My Health Has Been Harmed By Hazardous Mold

If you feel your health has been harmed due to hazardous mold exposure, talk with an experienced personal injury lawyer immediately. Owners of property could potentially be held responsible for health effects you are able to prove you suffered due to exposure to hazardous conditions on the property. A personal injury lawyer can help you determine if you have a toxic mold claim that is connected to your mold exposure.

Note: Since gathering of evidence and environmental testing is critical to a toxic mold claim, you should talk with a lawyer quickly so you may begin to prepare evidence for your potential claim.

For more information on mold and toxins, see the Center for Disease Controls site: .

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