Thursday, November 24, 2022

Can You Sue Your Landlord For Mold Exposure

Can A Person Not Be A Mold Remediator In Texas

Renter’s rights: what to do about mold

No. Entities or persons who are not licensed in the state of Texas may not sign or issue a Certificate of Mold Damage Remediation . Only a Texas licensed mold remediator and licensed mold assessment consultant may sign the top section of the CMDR and only if assessment and remediation is conducted and performed in accordance with the rules.

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.

What Makes A House Legally Uninhabitable

Defects or conditions such as a missing window, broken front security gate, absence of deadbolt locks on exterior doors, a defective electrical outlet, something unhealthy like cockroaches or mold, dangerous criminal activity particularly gangs, drugs and burglaries, an unlit stairway , stagnant swimming pool, an.

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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

Is It Depression Or Is It Mold

Mold on our washer, could this be making us sick ...

Toxic mold exposure has also been linked to more serious, long-term effects such as:

Memory lossConfusionTrouble concentrating

In many cases mold, carbon monoxide poisoning, or other toxins damage the brain and result in decreased neurological function including memory loss, small personality changes, difficulty concentrating and other symptoms that often lead to misdiagnosis. Its important to realize that this toxic exposure and its effects on the internal structure of your brain can trigger both long and short-term effects that may be treatable.

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Landlord Legal Responsibilities For Tenant Exposure To Mold

With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations.

No federal law sets permissible exposure limits or building tolerance standards for mold in residential buildings, and only a few states , and a few cities , have taken steps toward establishing permissible mold standards or guidelines and regulations for mold in indoor air.

For information on mold rules and regulations in your state, check with your state department of environmental protection or your state department of public health.

To see whether your state is considering mold-related legislation that might affect residential rentals, you can search the National Conference of State Legislatures’ Environmental Health State Bill Tracking Database. Check the “Indoor Air QualityMold” box in the “Topics” column, and check the box next to your state.

For local mold-related rules, contact your city manager, mayor’s office or other local government department.

Can I Sue My Landlord For Black Mold Exposure In My Apartment

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.

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How Does Mold Grow

In order for mold to grow, it requires a water source. ;Typically, mold will present itself after the occurrence;of water damage or hidden water leaks. ;Although you may see visible mold growth or a musty mold odors, sometimes mold grows behind walls, underneath flooring, in the ceilings, or even in your air conditioning ducts. ;When mold gets into your air conditioning duct system, this can result in you inhaling;the mold when you breathe and can result in the development of asthma, allergies and respiratory infections including the triggering of asthma, an increased wheeze, cough, difficulty breathing, and other symptoms.

How Do You Get The Molds Out Of Buildings Including Homes Schools And Places Of Employment

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Mold growing in homes and buildings indicates that there is a problem with water or moisture. This is the first problem to address.

Remove moldy items from living areas.; Once mold starts to grow in carpet, insulation, ceiling tiles, drywall, or wallboard, the only way to deal with the problem is by removal and replacement.

It is important to properly clean and dry the area as you can still have an allergic reaction to parts of the dead mold and mold contamination may recur if there is still a source of moisture.

Remove or replace carpets and upholstery that have been soaked and cannot be dried promptly.

Clean up and dry out your home thoroughly and quickly after any flooding.; Dig out mud and dirt .; Use a wet vacuum to remove remaining dirt. Scrub cleanable surfaces with soapy water and a bristle brush.; Thoroughly clean all hard surfaces with water and dish detergent. Dry surfaces quickly and thoroughly after cleaning. If you have a fan, air conditioner or dehumidifier that wasnt affected by flooding use it to help the surfaces dry after you finish cleaning

Mold growth can be removed from hard surfaces with commercial products, soap and water, or a bleach solution;of no more than 1 cup of bleach in 1 gallon of water to kill mold on surfaces. Never mix bleach with ammonia or other household cleaners.

If you choose to use bleach to clean up mold:

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When Tenants Can Sue Landlords Over Mold

Because of the potential health dangers of mold, there are several instances in which a tenant can sue their landlord. For instance, if you have notified the landlord that there is a leak or visible mold somewhere on the property, but they choose to do nothing about it, you can sue.

If there have been past and future medical expenditures due to that mold exposure that havent been reimbursed by your landlord, you can sue. Any lost wages, both past and future due to the conditions caused by mold, can be sued for as well. Any costs incurred by the tenant to remedy the issue or personal property damage caused by the mold should be covered by the landlord.

There are plenty of toxic mold lawsuits out there as a result of these reasons. If you have experienced issued due to mold in your apartment or home, there are actions that can be taken.

Lets dive in a bit deeper and explore these situations where it is acceptable for a tenant to sue a landlord over mold.

I Found Mold Growing In My Home; How Do I Test The Mold

If you can see or smell mold, a health risk may be present. You do not need to know the type of mold growing in your home, and CDC does not recommend or perform routine sampling for molds. No matter what type of mold is present, you should remove it. Since the effect of mold on people can vary greatly, either because of the amount or type of mold, you cannot rely on sampling and culturing to know your health risk.

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Suing Your Landlord For Black Mold

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $3,000 to $10,000 range, but are regulated at the state level.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment , you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

  • Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.
  • Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.
  • Destruction of property related to mold contamination.
  • Loss of earning capacity as a result of injuries.
  • Pain and suffering.

What Are The Symptoms Of Long Term Mold Exposure

Tenant Exposure To Mold In Maryland

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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Can Mold Make You Mentally Ill

Mold toxicity can manifest in different ways in people. Its more commonly linked to physical problems, such as difficulty breathing, fatigue, and headaches, but research shows that it can present itself in a psychiatric way, too. This includes brain fog, depression, anxiety, problems concentrating, and insomnia.

How And Where Does Mold Grow

The combination of moisture and nutrients provides the perfect environment for mold growth. It usually grows as a result of poor ventilation or structural weakness that allows water to seep in from the outside. Different;types of mold grow on different materials, such as carpet, water pipes, cardboard boxes or ceiling tiles. Humidity and warmth provide ideal growing conditions for the organism. Not all mold is harmful the mold on your bathroom tile, for example, isnt a health concern. Discoloration and musty odors are usually a sign to check for mold in your property.

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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.

Has Epa Issued Specific Recommendations On How Frequently Carpet Should Be Cleaned

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No. EPA recommends that consumers and others follow manufacturer recommendations and industry standards for keeping carpet clean to protect indoor air quality wherever carpet is installed. A number of carpet cleaning companies have been under the incorrect impression that EPA issued official carpet cleaning recommendations in a 1989 letter from the then-Deputy Director of EPA’s Environmental Criteria and Assessment Office in EPA’s Office of Research and Development. That official provided a response based on his own expertise and investigation. However, the table at the end of the letter identifying specific carpet cleaning frequencies for different indoor environments was not intended to and does not convey an official EPA position, and therefore should not be construed or represented as EPA carpet cleaning recommendations.

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Toxic Mold Exposure And Your Rights

Quick Facts About Mold

Toxic Mold is a fungal growth that usually can be seen and has a musty smell. While air testing is important, noticing a musty smell is a pretty good indication that mold exists in the environment.; Mold is normally caused by excessive moisture caused by water damage, roof or plumbing leaks, and becomes toxic and harmful to humans when it amplifies to abnormal levels.; A serious incident of toxic mold can leave a victim with significant medical expenses, lost wages, and lingering health problems.;

According to the CDC, the most common molds that are known to amplify in indoor environments when excessive moisture is present include:

  • Stachybotrys this mold is not initially airborne because it is usually wet when it grows. When it dries, it can become airborne
  • Aspergillus Rare infections caused by aspergillus include pneumonia people with allergic aspergillosis usually get better over time. It is common for the disease to come back.
  • Cladosporium
  • Penicillium
  • Alternaria

The simple facts are, that mold needs moisture to grow and it usually grows in drywall, wood, ceiling tile, closets, showers and bathrooms, air conditioning units, plants, drain pans and drain lines, and by or under sinks and toilets.; An incident of toxic mold exposure can cause serious long-term health problems, and Alan Sackrin is aware that victims can suffer the consequences of mold exposure for months and even years after the initial illness occurs.

How Can I Sue My Landlord For Black Mold

If your landlord refuses to act, you may need to file a personal injury lawsuit against them. Depending on the severity of your illness and property damage, and your jurisdictions dollar amount limits on lawsuits, you might be able to resolve this problem at a small claims court. Its important to note that small claims courts typically require the parties to represent themselves and have claim caps that are up to $10,000. Additionally, state governments regulate them.

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What Are Some Common Asthma Triggers

Triggers are things that can cause asthma symptoms, an episode or attack or make asthma worse. People with asthma may have just one trigger, or they may find that several things act as triggers.

Common asthma triggers are:

Be sure to work with your doctor to identify your — or your child’s triggers.

Then take steps to control these triggers.

Learn more about these triggers and others at the EPA Asthma Home Page.

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Memory & Toxic Exposure: Many Ways To Regain Your Brain

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What is toxic exposure? How do you know if you have it? Toxic exposure can cover a variety of things, including self-inflicted toxins , medical treatments such as chemotherapy, and environmental exposures to carbon monoxide or mold. It can be very difficult to know that you are suffering from one of these toxins, unless you know specifically to look for it.

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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 Can You Do

To prevent and get rid of mold:

  • Keep your house clean and dry.
  • Fix water problems such as roof leaks, wet basements, and leaking pipes or faucets.
  • Make sure your home is well ventilated and always use ventilation fans in bathrooms and kitchens.
  • If possible, keep humidity in your house below 50% by using an air conditioner or dehumidifier.
  • Avoid using carpeting in areas of the home that may become wet, such as kitchens, bathrooms and basements.
  • Dry floor mats regularly.

To find mold that might be growing in your home:

  • Search for moisture in areas that have a damp or moldy smell, especially in basements, kitchens and bathrooms.
  • Look for water stains or colored, fuzzy growth on and around ceilings, walls, floors, windowsills and pipes.
  • If you smell a musty odor, search behind and underneath materials such as carpeting, furniture or stored items.
  • Inspect kitchens, bathrooms and basements for standing water, water stains and patches of out-of-place color.

To control moisture problems and mold:

  • Fix any water problems immediately and clean or remove wet materials, furnishings or mold.
  • Clean up spills or floods within one day. If practical, take furniture that has been wet outside to dry and clean. Direct sunlight prevents mold growth.
  • Dry all surfaces and fix the problem or leak to prevent further damage.
  • Install a dehumidifier when a moisture problem is evident or when the humidity is high.

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