Friday, May 13, 2022

Can You Sue For Black Mold In Apartment

Can You Refuse To Pay Rent If You Have Mould

200 Residents At Apartment Complex In Denver Claim Unlivable Conditions With Roaches, Black Mold

Rent withholding. For example, most states require tenants to notify their landlord in writing about a mold problem and give their landlord a reasonable amount of time to address it before they can self-help. A minor mold issue wont provide tenants with ample legal justification to stop paying rent.

Landlords And Black Mold

Your landlord wont be happy to hear about black mold in your unit. He might even try to blame it on you, saying it never would have happened if you didnt leave wet towels on the bathroom floor or if you used the fan when showering.

These arguments dont change the fact that landlords in Florida must provide safe and habitable living conditions . By paying rent, you are fulfilling your duties to your landlord, who is then expected to keep your rental unit in habitable shape. This applies even if your lease doesnt specifically state that a landlord is responsible for repairs. This legal concept also protects tenants from retaliation if they should complain of housing code violations.

Toxic black mold is a problem that threatens your rentals habitability. If a defective bathroom fan leads to mold build-up, your landlord is responsible for fixing that fan. Most leases say that landlords are responsible for fixing structural defects as such, a failure by the landlord to repair a fan could mean a breach of contract lawsuit. By breaching lease provisions, your landlord becomes liable.

The Landlord Has Not Fixed The Water Leak Or Remediated The Mold

How long does a landlord have to fix a mold problem once a tenant reports it? While there is no set time for a landlord to respond to your report that there is a water leak or mold in the property, if a landlord delays fixing the problem, then the problem will very quickly get worse. Contact us if you havent had a prompt response from your landlord. Your health and the health of your family is at risk.

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Consult An Atlanta Mold Exposure Attorney

You may deserve compensation for all the damages youve suffered from your exposure to toxic mold. With a mold exposure lawyer from Fischer Redavid PLLC, you can seek justice and get the best treatment possible. To schedule a free consultation with a member of our team, call or fill out the contact form below.

The Symptoms Of Black Mold Exposure

Can I Sue My Landlord for Black Mold in My Florida Rental?

The growth of mold is most common in moist areas, including bathrooms, around windows, near pipes, and anywhere there has been flooding. The fungus can grow on a wide range of surfaces, including cardboard, wallpaper, carpet, and drywall.

Obvious signs of mold can include black stains on the wall as well as mushrooms growing out of the carpet.Mold problems are often only discovered when people begin to experience health issues. As a result of mold exposure, you may experience:

  • Nose congestion
  • Feeling short of breath
  • Coughing

Mold can trigger upper respiratory issues in people who are more sensitive to it. You are more likely to develop serious health problems if you are exposed to mold for an extended period of time, including organ damage and mental impairment.

Check your property for mold if you experience allergy-like symptoms or what feels like a persistent cold. In the event that mold is present and has caused significant damage to your health and/or your property, you may be able to sue your landlord for damages.

Also Check: How To Fix Mold On Ceiling

Is There An App To Test Air Quality In Your Home

Netatmo indoor air quality monitor tests for CO2, temperature, humidity, and noise. The app provides easy-to-read indicators of air quality via an LED strip on the device, and sends notifications to your smartphone. Key Feature: Connect Several Devices throughout your home and monitor them all with the app.

Posted on March 3, 2021 by Habitability Defects, Mold

If youre subjected to any type of mold exposure, you should be concerned. When toxic black mold is involved you should be even more alarmed, due to its reputation for causing illness. If you have mold in your apartment, you will want to know whether you can sue your landlord for any harm youve suffered.

Recent Cases And Industry Reactions

Although a bill is expected to be introduced in the United States Congress that would require the Environmental Protection Agency to create guidelines establishing what levels of toxic mold are acceptable, and what levels are dangerous,10 currently there are no government or industry standards that specify allowable or acceptable levels of indoor, airborne fungi. In addition, there is little published information comparing indoor and outdoor fungal populations or comparing fungal populations in different parts of the United States, and only limited available information on the prevalence of certain fungal types in buildings.11

Given this scientific uncertainty, the outcome of toxic mold litigation frequently hinges on expert witness testimony and the ability of the plaintiff to establish causation between his or her alleged injuries and the particular species of mold. In order to establish causation, the plaintiff must prove both general causation, that the particular species of mold is capable of causing the plaintiffs specific injury, and specific causation, that the plaintiff was in fact exposed to a dose of the alleged toxic mold sufficient to cause the plaintiffs injury.12

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How Do Molds Affect People

Exposure to damp and moldy environments may cause a variety of health effects, or none at all. Some people are sensitive to molds. For these people, exposure to molds can lead to symptoms such as stuffy nose, wheezing, and red or itchy eyes, or skin. Some people, such as those with allergies to molds or with asthma, may have more intense reactions. Severe reactions may occur among workers exposed to large amounts of molds in occupational settings, such as farmers working around moldy hay. Severe reactions may include fever and shortness of breath.

In 2004 the Institute of Medicine found there was sufficient evidence to link indoor exposure to mold with upper respiratory tract symptoms, cough, and wheeze in otherwise healthy people with asthma symptoms in people with asthma and with hypersensitivity pneumonitis in individuals susceptible to that immune-mediated condition.

In 2009, the World Health Organization issued additional guidance, the WHO Guidelines for Indoor Air Quality: Dampness and Mould pdf iconexternal icon pdf icon. Other recent studies have suggested a potential link of early mold exposure to development of asthma in some children, particularly among children who may be genetically susceptible to asthma development, and that selected interventions that improve housing conditions can reduce morbidity from asthma and respiratory allergies.

Can Someone Sue You After Buying Your House

Local attorney has advice on winning mold cases in court

Even if you think you’ve been wronged, you can’t sue everyone who was involved in the sale of your home. … As mentioned, nearly every U.S. state has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed.

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Is Mold Considered Normal Wear And Tear

Dirty blinds and curtains that have faded with use are also part of normal wear and tear that occurs with time. Mold that grows in damp areas as a result of broken pipes can also be considered normal wear and tear, if the tenant notified the landlord of the same, and the landlord was not prompt in initiating repairs.

Mold Has Caused You Pain And Suffering

Pain and suffering can be difficult to quantify. Where there is little injury, property damage, or inconvenience, tenants have recovered anywhere from $3,000 to $10,000. Some tenants have won high-dollar judgments and settlements against landlords where the injury or property damage was severe.

For example, a tenant in Oregon sued his property management company after he reported a leak, the company did nothing to repair it, and a strong musty odor developed. The jury returned a verdict of $103,000, plus attorneys fees in favor of the tenant.

In a lawsuit in Delaware, a jury awarded two women just over $1 million when their landlord neglected to fix the leaks they reported, causing mold, which in turn caused health problems in them both.

In a case in California, tenants settled for $500,000 where the landlord failed to maintain the homes crawl space, resulting in moisture and toxic mold throughout the rental home. One of the tenants required sinus surgery and lost hearing in one ear as a result of middle ear infections caused by mold exposure.

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Can You Sue For Mold Ask A Toxic Mold Attorney

Over time, mold can affect a persons living environment, including their health and property. Those exposed to toxic black mold will often become debilitated by it the longer they remain in the apartment, house, or unit. Long-term exposure can cause serious health problems, which worsen as time progresses. The more exposure a person has, the greater the threat to their bodies. In many cases, the toxic mold is not discovered until the tenant suffers catastrophic damage such as respiratory harm, internal organ damage, or mental impairment.

A lawsuit could result if toxic mold is discovered in your home, apartment, or other property, especially if there was a pre-existing issue with the building, or if there wasnt proper cleanup after a flood or other issue. Speak with a toxic mold attorney to learn if you may be eligible for compensation after being exposed to harmful mold. This article covers the fundamentals of toxic mold lawsuits: who might be liable, what kinds of losses can be recovered, and why you might need to act as soon as possible.

How Do You Win A Mold Lawsuit

What to Do if Your Apartment has Mold

0:342:08Local attorney has advice on winning mold cases in court – YouTubeYouTubeStart of suggested clipEnd of suggested clipAre just as important kleine says lab. Results like these can help to. But once the landlord isMoreAre just as important kleine says lab. Results like these can help to. But once the landlord is notified that mold even could be present. They have to take steps to investigate.

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What Kills Black Mold Instantly

White distilled vinegar is an affordable, natural solution to removing black mold. Its antibacterial acidic characteristics are exactly what you need to get the job done. Pour the undiluted vinegar into a spray bottle to apply to the area, or just go for it and pour that vinegar right onto the mold stains.

When Should You Not Pay Rent

3. Your apartment or building is unsafe. By far, the biggest means of avoiding rent is the situation of an untenantable building. Conditions in a residential building that make it unsafe or uninhabitable may constitute a breach of the agreement to lease you a place to live since you cannot live there.

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Is Black Mold Growing Due To Your Negligence

Keep in mind that you cannot blame the landlord for your mold problem if its growing because of something youve done or neglected to do. If the apartment isnt properly ventilated to help eliminate humidity. If you dont perform proper cleaning then you may have trouble filing a lawsuit against the landlord.

This is because tenants have certain obligations when they rent an apartment, and not doing your part doesnt make the landlord responsible. To avoid such situations, make sure you do what you can to limit mold growth by ensuring air can easily move through and that the apartment stays clean and free of standing water.

Mold And The Landlord’s Duty To Maintain Habitable Premises

Understanding Houston renters’ rights when mold grows in their apartments

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.

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Insurance Coverage For Mold Damage

If your possessions have been ruined by mold and must be replaced, contact your renters’ insurance agent immediately. Your renters’ insurance might cover the cost of replacement or damage repairdepending on what type of coverage you have and the cause of the mold problem. Do not expect your renters’ insurance policy to cover the costs of medical bills, howeveryou’ll need to turn to your own health insurance for that .

If you do not have renters insurance, or it does not cover your particular mold-related loss, you will need to sue your landlord as discussed above.

Brain Spect Imaging Helps Treat Brain Toxicity Caused By Black Mold

Kimberlyn had booked a Full Evaluation, which took two days to complete. She filled out multiple questionnaires and history forms, talked to specialized counselors, and finally had a set of SPECT images taken of her brain. Just to really see exactly what was happening to my brain in the SPECT scans and that I do have a toxic injury due to mold was amazing, said Kimberlyn. They did such a good job with all of the evaluations, and they were so thorough. By the end of the second day, Dr. Arsalan Darmal had a whole binder of material that discussed the results of the testing I had done while I was there.

Dr. Darmal and the staff at Amen Clinics Orange County, CA discovered that Kimberlyn also had ADHD and a previous traumatic brain injury that was increasing the effects of the mold injury. When my brain swelled from the mold exposure, I was getting almost no blood flow to my prefrontal cortex, explained Kimberlyn.

Co-occurring conditions that can increase the effects of an injury or illness on the brain are common, yet can be easily overlooked. Kimberlyn was shocked to hear that the brain injury she had suffered in high school was impacting her life today and even more surprised that she had ADHD. The medication for ADHD has made a huge difference in my productivity and ability to focus. That was like the bonus prize that I wasnt even expecting, said Kimberlyn.

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Does Insurance Cover Mold Damage

If you have property damage caused by mold, contact your renters insurance agent. Depending on the cause of the mold problem and the type of coverage you have, your insurance might cover the costs of replacing or repairing the damaged property. Keep in mind that your policy might exclude coverage for mold damage that developed over timemany policies wont cover mold-related damage unless it can be tied directly to an event .

If your renters insurance does not cover your specific mold-related damage, the next step is to sue your landlord.

If youve experienced health problems due to mold in your rental, your renters insurance most likely will not cover any medical expenses youve incurred. Rather, youll want to use your own health insurance to cover your medical bills. Keep track of all of your out-of-pocket healthcare expenses, as you will want to seek reimbursement for these from your landlord.

Who Can Bring A Toxic Mold Lawsuit And What Evidence Is Necessary For A Claim

Mom worried about living in apartment with black mold with ...

In most cases, an individual who has been personally injured by exposure to toxic mold has legal standing. An individual with standing in a toxic mold case usually includes:

  • Tenants, or individuals who lease their homes. These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold. Poor building maintenance may also be a factor.
  • Homeowners may encounter toxic mold issues due to poor construction with mold prone materials, even in newly constructed homes. Homeowners may be able to sue inspectors, homebuilders, real estate brokers, or anyone else who may have caused the mold issue or had a duty to disclose the mold issue
  • Employees, who may be able to request workerâs compensation if the exposure to toxic mold in the workplace lead to health problems or disabilities
  • Government agencies who may be able to sue contractors and/or inspectors for their employeesâ toxic mold injuries and
  • Other parties such as parents of children who were injured because of toxic mold in their home, school, camp or other place, who can sue on the childrenâs behalf.

The success of a claim is depending on the quality and quantity of evidence. In order to succeed in a toxic mold claim, an individual must show:

The best ways to prove these elements are:

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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.

Who To Sue For Toxic Mold

These days mold and “toxic mold” are the subject of increasing health concerns and lawsuits. If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold .

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