Small Claims Court Lawsuits Involving Mold
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.
Can You Sue An Apartment Complex For Mold
Can you sue an apartment complex 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 For your pain and suffering caused by the health effects of mold.
How much is a mold lawsuit worth? 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 can you sue for mold exposure? 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, .
What do I do if my apartment has mold? If there is mold in your apartment, you need to notify your landlord immediately. You might also consider asking your landlord to bring in a professional mold inspector. Mold usually grows in difficult to see places, like behind walls or appliances, and the professionals will have equipment to detect it.
Contact An Experienced Attorney To Discuss Black Mold Exposure
If you’ve been exposed to black mold, you’re no doubt concerned with how this will affect your home and health. It can be a complicated situation, especially if your landlord isn’t cooperating. That’s when you can turn to an experienced lawyer. At Wolford Wayne, we are the team of talented tenant’s rights attorneys who specialize in tenants’ rights. If you are dealing with mold issues, contact us today for helpwe want to fight for your rights.
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Can I Sue For Mold Exposure
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!
Can You Refuse To Pay Rent If You Have Mould
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.
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What Do I Do If I Find Black Mold In My Rental House
Notify your landlord immediately. Take pictures of the affected area if it is visible, or if you see there is a water leak but do not see the mold itself, take photographs of that. If you are experiencing any symptoms of mold infection, see a doctor right away and get a diagnosis. In severe cases, you may have to vacate the property to preserve your good health.
Understand Your Liabilities And Requirements
No federal law exists that discusses a landlords responsibilities in the event of mold damage. California does not have a law that specifically addresses this issue either. However, municipalities may have specific laws pertaining to mold and landlord liability. For example, San Francisco defines mold as a public health nuisance, allowing tenants to sue landlords over failure to remove.
In addition, residents who become ill or injured due to the mold could file a personal injury lawsuit. They will attempt to recover damages from you and your insurance company to compensate for medical bills, personal property damage, disability, and more. If a jury finds that you ignored a mold problem, the court will find you negligent.
Under California law, you are required to disclose any known hazardous conditions to current and potential tenants, including mold. If you have mold in your property, you will have to provide a written disclosure prior to the rental agreement to inform tenants of the mold problem. This could significantly increase the number of empty units in your property.
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When A Landlord Does Nothing
When a landlord takes no action to combat the black mold, the tenant may have no option other than move. This is done purely to ensure the safety of the tenant and their family.
But this will incur additional costs. The tenant may not be able to find suitable living spaces on short notice and may have to rent something short term at higher rates. They may even be forced to choose a hotel, further increasing their costs. But it was the landlord that put the tenant in this position, and it is the landlord that should reimburse the tenant for these additional costs.
Moving out may seem like an extreme option. For many families, it is the only option that guarantees their safety. Black mold is not a problem to take lightly. If tenants are forced to move because their landlord ignores the mold problem, there is some comfort in knowing that the tenant has legal options to hold the landlord accountable.
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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Is It Possible To Sue For Black Mold Exposure
Yes. If you were exposed to toxic mold in your place of work, apartment, school, or even in your own home and suffered ill effects, you may have a legal case on your hands. Currently, there are no federal regulations for mold, so state regulations and past legal cases are the thresholds here.
Suing for mold exposure is a relatively new concept, with an increasing number of mold cases undergoing litigation every year. There is precedent for large mold lawsuit settlements related to mold exposure in several states, some with settlements upwards of $1,000,000. Its likely that Rhode Island will see a surge of mold-related cases in the future as this new type of lawsuit continues to gain traction. You can view some examples of mold lawsuit settlements in other states here.
Mold Danger And Your Home
Living in a home that has toxic or black mold can adversely affect your health.
Certain types of mold can make you sick and can exacerbate other underlying health conditions like allergies or sleep conditions.
Generally, mold exposure might irritate your skin, eyes, nose, lungs, and throat.
While mold spores are commonly found in the air we breathe, certain mold spores, and those found at high levels, can be toxic to our health.
Long-term adverse health effects of mold include allergies and respiratory symptoms.
Individuals with certain conditions are more susceptible to feeling the effects of mold as well, especially those with a respiratory condition like asthma, emphysema, or allergies, or those with a compromised immune system, like an individual with HIV/AIDS, organ transplant patients, and patients undergoing chemotherapy.
Symptoms of mold exposure might include nasal and sinus congestions, eye irritation , wheezing and difficulty breathing, throat irritation, skin irritation, rash, and cough.
If you think that your home is infested with mold, you will want to immediately remove yourself from the premises and seek a mold mitigation company.
A mold mitigation company will be able to tell you if the mold is toxic, assess other risk factors, and convey the next steps to get rid of it.
They will also be the ones who are able to safely remove mold without causing it to spread or dispersing the irritants that make you sick.
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What Happens If You Find Black Mold In Your Apartment
If there is mold in your apartment, you need to notify your landlord immediately. You might also consider asking your landlord to bring in a professional mold inspector. Mold usually grows in difficult to see places, like behind walls or appliances, and the professionals will have equipment to detect it.
Can I Sue My Landlord For Black Mold Exposure In My Apartment
If you’re 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 you’ve suffered.
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Can I Sue My Landlord For A Black Mold Problem
Whether someone rents an apartment from a management company or a townhome or single family residence from an individual, they may experience a mold problem at some point. If this happens, swift action needs to be taken. The familys health could be at risk.
To determine if mold exists, the tenant will need to have the property inspected. Landlords may be hesitant to agree to this because, if the inspector finds mold, it could become extremely costly for the landlord. But the tenants health is what is most important, so even if the landlord pushes back, the tenant needs to fight. The best way to do that might be with the guidance and support of a trusted legal advisor.
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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Take Action If You Have Been Exposed To Toxic Mold In Sacramento Or El Dorado Hills
If you have become ill due to toxic mold exposure in a rental or a property you own, or have experienced damage to your personal property , talking to a Sacramento toxic mold lawyer about possible solutions can be critical to your future.
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Can You Live In House With Mold
Dangers of Mold Sneaking Into the Home The CDC, or the Centers for Disease Control and Prevention, warns about the dangers of living with mold in the home: Respiratory tract symptoms that include coughing, wheezing, and swelling of the throat. Those who have asthma and allergy problems are especially at risk.
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What Is Black Mold
Black mold is a type of fungus called Stachybotrys chartarum. It colonizes and grows in homes, apartments, and condominiums where moisture levels are overly high, typically due to leaks, high humidity, or running water.
Stachybotrys chartarum often begins colonizing in specific areas, like alongside improperly sealed windows and ceilings. It may also develop in and around sinks, bathtubs, and toilets and/or leaky foundations in basement walls.
The Environmental Protection Agency reports that molds dont generally cause a problem indoors when habitations are kept in good conditions. It does, however, report that some pathogens can lead to serious health problems when colonies begin to flourish and grow.
The Center for Disease Control correlates this information, confirming that mold infestations may lead to allergies, respiratory issues, headaches, and hypersensitivity pneumonitis. Limited reports also link black mold with more serious conditions like pulmonary hemorrhage or memory loss, although it isnt yet clear whether this is directly tied to mold or other variables, such as environmental conditions or a patients chronic health problems.
Statute Of Limitations For Mold Cases
If the building in which you reside, whether you own or rent, passes sustained water damage and toxic mold contamination, you need to act quickly as the statute of limitations determines that you only have a certain amount of time to file a claim before losing rights to do so.
How Long Do I Have to File a Mold Claim?
In California the statute of limitations for mold cases is the same as other personal injury cases which is two years. However, exceptions do exist that can change this time frame so it is important you speak to a lawyer immediately in order to preserve your rights.
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Is Black Mold Dangerous
This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.
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.
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Act Quickly And Obtain Professional Help
As soon as you are aware of a mold problem, time is of the essence. Take the following actions for a swift, effective response.
- Inform your tenant that you will contact a clean-up service immediately.
- Ask to see the mold growth and take pictures of the area.
- Contact a professional mold removal service to clean up the area.
- Identify what led to the mold growth and take preventative measures to avoid more growth in the future. The mold removal professionals can advise you in this area.
With quick action and professional help, you can quickly remedy a mold problem and keep your tenants and property safe, happy, and healthy.
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Learn About Your Landlord’s Liability For Mold Problems How To Get Rid Of Mold And How To Prevent It In The First Place
By , Attorney
Mold is an environmental hazard that can cause concern among renters. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problemssuch as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthmaallegedly caused by exposure to “toxic molds” in their building.
If you suspect there is mold in your rental unit, learn what to look for and when your landlord might be liable. Even better, take steps to prevent mold before it becomes a problemor clean mold up before it does become a problem.
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Is It Safe To Live In A House With Black Mold
In short, yes. Exposure to black mold can be harmful in the long term, particularly in people with respiratory conditions and other risk factors. Black mold can be one of several different species of fungus, including Stachybotrys chartarum. Short term exposure to black mold is unlikely to cause harm in healthy people.
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.
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