Tuesday, March 26, 2024

Can You Sue Your Landlord For Mold Issues

Landlords Responsibility And Liability For Mold

Tenants sue landlord over living conditions, delayed repairs

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.

Toxic Mold Lawyers At Calandro Law

Calandro Law provides legal representation for those dealing with toxic mold in their homes, condominiums, or apartments. For more information, contact us anytime. As an injury law firm specializing in toxic mold issues, were fully prepared to assist you. You can trust that our legal team will stand by your side throughout the whole process to ensure you receive the settlement you deserve.

Schedule a free consultation today by calling us at 563-6463 or filling out the form on the right side of the page.

Mold Clause In The Rental Agreement / Lease

You can save any future landlord-tenant mold drama by putting EVERYTHING into writing in the lease.

Here is an example of how you can do that:

Having that in the lease will cover just about all scenarios in writing. That way there is no disputing what the tenants responsibilities are.

If you are a tenant, if you treat the home as if it was your own, and if you are a landlord that treats the home as if your own family lived there, a dispute should never arise!

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Get No Win No Fee Legal Support Today

Want to sue a negligent landlord? If you think you have a claim for disrepair, we have a team of no win no fee housing disrepair claims solicitors who have helped tenants recover damages caused by landlord negligence.

They provide tenants with free assessment of their claims. If they think you are eligible, they will then take on your claim on a no win, no fee basis. If you call our housing disrepair helpline, be reassured they will do all they can to support you to sue your landlord for mold UK.

Where Does Mold Grow

Should You Sue Your Landlord Because of Black Mold?

Mold can grow on any surface that is kept wet or damp, such as a drywall, wood, tiles, or rugs.

In New York City, common sources of a mold problem are:

  • leaky pipes or radiators
  • broken or poorly sealed windows
  • a damaged or deteriorated section of brickwork or the buildings facade
  • water coming from a neighboring apartment
  • poor ventilation, especially in a bathroom

When mold develops on a consistently wet surface, it will grow into a musty, mildewy-smelling orange or black yuck that will likely be recognizable as mold. However, the mold may be coming from an area that is covered or hidden, such as a vent underneath a refrigerator, radiator, or sink or behind a wall that is tiled.

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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.

When Is Mold A Problem

There is a seemingly endless list of mold species, all with long and difficult-to-pronounce names. They come in various colors and shapes and textures. Some smell horrible. Some stain common areas like sinks and showers. Others proliferate silently in ceilings and walls, beneath floorboards, or in less accessible spots like AC ducts and crawlspaces.

Fortunately, however, most molds are harmless to humans even if they are quite ugly to look at. The bigger problem is that theres no easy way to tell the harmless molds from the harmfulmolds. Also, theres no guarantee that you will see a mold at all molds require a water source to thrive, and that water source may be fed by a broken pipe or leaky roof, which you are unlikely to find.

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Can You Sue Your Landlord For Mold Exposure You Bet

Suing A Landlord Over Mold

Mold is a serious problem and can cause severe health issues in many people. When you lease a property for your home or business, you have certain legal rights regarding the condition of the property. Landlords are responsible for keeping the premises fit for human habitation for the duration of the lease. If you have a problem with mold in a property that you are leasing, contact the landlord as soon as possible.

Conditions that result in mold

Mold needs three things to grow: Moisture, food, and proper temperature. Moisture can exist in the air due to a leaky roof or inadequate ventilation. It can also come from plumbing leaks, standing water in a crawlspace, a damp basement, or poor drainage allowing water to enter the building.

These issues alone can cost a lot of money to fix. However, our NYC mold removal method is not expensive, and properly addressing these problems is less costly for the landlord than ignoring the matter and ultimately being required to pay for legal fees, mold inspection, replacing damaged personal property, medical expenses, and emotional distress.

If you have to sue your landlord

Ideally, your landlord values you as a tenant and will make every effort to maintain a good relationship with you. Do your part to keep good will in this legal relationship, if thats possible.

Mold Is More Than An Eyesore

Renters Rights: How to deal with a mold problem

Mold is an environmental hazard that is a serious cause for concern among tenants in Florida. The states hot, humid climate provides a prime breeding ground for mold especially in damp walls, paint, fabric, or ceiling tiles.

Long-term exposure to toxic mold can lead to significant health problems, such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma. Despite the health risks, many landlords, condo associations, and insurance companies do not take the hazards of exposure to toxic molds seriously.

Pro Tip: Civil lawsuits are based on assessing and recouping damages. If there are no damages, courts have no means of addressing your situation. This means, unfortunately, that an apathetic, stingy, or ill-tempered landlord is not grounds for a personal injury lawsuit. For tenants with a stubborn landlord, but no serious physical, emotional, or financial damages from the mold, a personal injury lawsuit isnt likely the best course of action. This doesnt mean you have no recourse, it just is not a lawsuit. If this describes you, call us to discuss your non-lawsuit-related options.

Also Check: How To Check For Mold In Your House

Getting Injured At The Rental Property

If your landlord neglected to maintain your rental property and you suffered an injury as a result, you could potentially have a personal injury case and seek compensation. Slip and fall injury claims can arise due to hazardous conditions such as:

  • Missing handrails on staircases
  • Lack of lighting in communal hallways
  • Wet and icy conditions on walkways
  • Broken floorboards

Landlords have the legal obligation to ensure that their rental properties are reasonably safe. When they neglect the maintenance of their properties, they could potentially be held liable by injured victims.

Is The Landlord Ignoring The Problem

If you inform your landlord of the presence of black mold, and he or she refuses to intervene, your first step should be to contact the rental board for your local city and area. Be prepared to provide evidence that you have informed the landlord and granted them an appropriate amount of time to fix the problem.

Your local rent board can help you file a complaint about the infestation. Afterward, you can petition the rental board to intervene. Be aware that you may be required to provide the rent board with proof the treatment was not only needed but imperative to your health and safety as a tenant. You can submit photos, videos, and documents as evidence.

If the rent board decides your complaint is valid, a City Inspector will issue a Notice of Violation . This document will demand correction and give a specific date for the repairs to be completed. If the landlord refuses to comply, you may be able to leave your lease early. You also stand a much better chance if and when you decide to sue for compensation.

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How Common Is Mold In Buildings

Older buildings in hot and humid states are most likely to have mold problems. But really, any type of personal property in any state can develop mold simply due to moisture. In fact, a statistic from Truth About Mold claims that up to 70% of American homes have mold problems. Still, theres truly no way to know how rampant toxic mold is in local housing.

When Tenants Can Sue Landlords Over Mold

Can You Sue Your Property Manager Over Mold Issues?

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.

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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.

What To Do If You Suspect Theres Mold In Your Unit

If you think you have mold in your rental, the first step is to alert your landlord about the problem in writing. In many states, before you can successfully sue a landlord for mold-related damages, the law might require you to give your landlord a reasonable amount of time to remedy the problem. If your landlord is unwilling to fix the mold problem and you experience mold-related health problems or property damage, youll likely have to take matters into your own hands. Keep in mind that the only way to tell if the mold is toxic is to have it tested by a professional.

Be sure to take pictures to document the extent of the damage or mold growth. If you have health issues, make an appointment with a doctor to get any needed treatment. Always keep any medical records and bills as proof of your visitthese will come in useful if you end up going to court.

If your health is severely affected by the mold, you should consider moving out and into a cleaner rental while you pursue an action against your landlord. Note that if you move out before the end of your lease or rental agreement, your landlord might claim that you have broken your leaseand that youre responsible for the remaining rent.

Read Also: How To Remove Mold In The Air

Black Mold In Your Rental Consider Meeting With An Attorney Today

It may seem harmless, but certain types of mold can permanently destroy property and cause serious and sometimes lasting health problems. If you have suffered injuries that you believe are the result of this particularly dangerous type of fungus, you may need to sue your landlord for black mold. Find a toxic mold attorney in your area to learn more about your rights and legal options.

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How Do You Even Know You Have Mold In Your Property

Can I Sue My Landlord For Not Making Repairs ?

According to the Center for Disease Control , mold has been on our planet for millions of years. Mold can enter a property through open doors, windows, vents, and heating and air conditioning systems, via damage to the property that allows water in, or through a flood. Mold will grow anywhere there is moisture and can grow on just about anything, such as paper, cardboard, ceiling tiles, wood, paint, wallpaper, insulation, drywall, carpet, fabric, and upholstery.

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The Mold Has Caused General Pain And Suffering

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.

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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Can I Just Remove The Mold Myself And Reduce The Amount I Pay My Landlord In Rent That Month

No. The repair and deduct method is not automatic and only reduces a future rent payment . This method is not recommended without the advice of a lawyer.

If you want to have the mold removed , you must either:

  • get a court order requiring the landlord to remove the mold, or
  • follow the repair and deduct rules in Tex. Prop. Code § 92.0561 that, for example:
  • limit the rent deduction for the cost of repair in any given month to the greater of one months rent or $500.00 ,
  • limit the rent deduction for the cost of repair in any given month to the greater of the fair market value of one months rent or $500.00 ,
  • only allow a tenant to repair and deduct if the landlord has a duty to fix the problem, and
  • only allow the tenant to repair and deduct if the tenant did not waive his or her right to the repair in an enforceable provision in the lease agreement. , .)

Note: An exception exists if you and your landlord agreed in writing for you to repair a condition at the landlords expense. Read the law here: Tex. Prop. Code § 92.0561, .

How Much Can A Mold Lawsuit Be Worth

Tenant Exposure To Mold In Maryland

There is no specific formula to determine how much a lawsuit involving mold will be worth. It can depend on whether or not the landlord was proven to be negligent as well as the severity of any health problems that were ultimately caused by the mold.

A lawsuit can be worth thousands to even hundreds of thousands based on these factors. If you have experienced serious health issues due to mold growth in your home and the landlord did nothing, it could be worth quite a bit.

Consult with an attorney if this fits your current situation. Even if you have not had your health seriously impacted, there is a good chance that you have been financially impacted due to mold on the property and a failure to act on the part of the landlord. It is a good idea to have the mold removed immediately, even if you are the one to pay for the costs upfront.

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