Saturday, November 19, 2022

How To Sue An Apartment Complex For Mold

Landlord Liability & Responsibility

Black mold plagues apartment complex in New Orleans East

Before leasing out to the tenant, the landlord should have conducted appropriate inspections and cleaning of the property. If a tenant reports mold to a landlord, the landlord is obligated to eradicate the problem.

However, prevention is preferred to a costly mold clean-up. Maintenance and repair requests made by tenants should be promptly responded to. Such requests also include cleaning air conditioning and clothes dryer ducts.

If such requests are grossly delayed in resolving or are ignored altogether, liability for resulting mold growth falls on the landlord.

As a landlord, make sure you delineate in the lease agreement if it is your tenants responsibility for mold maintenance, before considering issuing an eviction notice to them for a moldy buildup on the property.

Have Questions About Mold Lawsuit Settlements Contact An Attorney

Most areas of the law are quite complex, but toxic mold litigation is especially complicated. In addition to making a causal link from the existence of mold to specific illnesses, plaintiffs must determine who is ultimately responsible for the mold damage and how they may be liable. Your best bet in these sorts of cases is to find a local attorney who specializes in toxic mold litigation.

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For More Information And A Free Mold Inspection

For more information and a free inspection for apartment mold, you can schedule an in-home consultation with a mold remediation professional. An experienced professional will identify all areas of mold in the apartment and provide written documentation of his or her findings. You can forward a copy of this to your landlord along with your request for him or her to arrange for mold removal.

There is no cost and no obligation to you. Dont sign anything agreeing to pay for mold remediation, though, unless you are prepared to cover the cost yourself. If you want your landlord to pay for the mold removal, just forward the information. To find qualified mold removal professionals offering free in-home consultations and inspections in your area, just follow the link.

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What Should I Do If I Find Black Mold In My Rental Unit

First step: dont panic. It might not even be black mold.

The second step is to figure out what type of mold it is. If youve been suffering from unexplained health issues, this becomes even more imperative. Contact your landlord as soon as you discover mold, and do so via letter so theres a written record. You might need to refer to that later, should the situation progress to litigation.

Even if you havent fallen ill, toxic black mold is a violation of the implied warranty of habitability. As such, your landlord is responsible for rectifying the problem.

Of course, your landlord may choose to fight you. They might say its up to you to test the air and pay for an inspection. Many landlords take it upon themselves to pay for inspection, but sometimes you have to do it yourself and show them a professional report that clearly says, TOXIC BLACK MOLD FOUND HERE.

If a landlord refuses to pay for a mold inspection, it opens them up to additional liability down the road.

Act Quickly And Obtain Professional Help

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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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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.

What Should You Do If You Discover Apartment Mold

If you find mold in your apartment, inform your landlord right away. Dealing with mold promptly limits the damage to your apartment and reduces the risk to your health. Let your landlord know where in the apartment youve seen mold and encourage him or her to come inspect the situation in person.

If your landlord doesnt address the mold problem in a timely manner, we suggest putting your request in writing. You can see a sample letter to a landlord requesting mold removal. If your landlord has not visited your apartment to view the mold, it may help to enclose a few photos.

Contact the nearest office of the U.S. Environmental Protection Agency or your local health department to learn about the laws regarding mold and landlord/tenant responsibilities in your area. The local health department may be able to assist you in dealing with your landlord, as well.

The U.S Department of Housing and Urban Development may be able to assist you, as well, particularly if you live in rent-subsidized housing or if you are a senior citizen or disabled. Here is a list of Local HUD Offices.

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How To Sue A Landlord

Your first step, if you suspect your tenant rights are being violated, is to review your lease. Your rental agreement spells out important terms such as your rent, size of security deposit, lease termination date, and obligations as a tenant. This may help you determine whether you have a case or not.

Next, you should speak to a real estate attorneyand collect evidence to support your case. This could be photographs of unrepaired damages, for instance, or an invoice from a handyman that you werent reimbursed for.

For this final step, youll want to work closely with an attorney to effectively present your case to a judge. Some jurisdictions allow you to represent yourself in small-claims court, but its best to have a legal expert by your side, since landlord-tenant laws can be complex, Tamkin says.

Landlords And Black Mold

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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.

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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 Constitutes Uninhabitable Living Conditions

uninhabitable living conditionsconditionmakeslivingUse the following process to legally dispute the charges and protect yourself from rental extortion.

  • 1) What Can Your Landlord Charge You For?
  • 2) Collect Your Dispute Evidence.
  • 3) Draft a Formal Letter.
  • 4) Send the Letter in Triplicate.
  • 5) Be Prepared to Go Legal.
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    S For Requesting The Repair

    Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord’s liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent. The following steps must be followed before the tenant can take any of those actions:

  • Tell the landlord about the problem by giving notice to the person or place where rent is normally paid. This does not have to be in writing unless there is a written lease that says so.
  • Give the landlord a “reasonable” amount of time to make the repairs. Subsection defines this as 7 days, although this can be challenged based on the severity of the problem and the availability of material and labor to fix it.
  • If the problem has not been fixed after a “reasonable” amount of time, send another notice in writing.
  • Give the landlord another “reasonable” period of time to make the repairs.
  • The repair process can be fast-tracked by sending the initial notice “by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or private delivery service.” If the tenant does this, a second notice is not required.

    Mold Danger And Your Home

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    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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    Can Tenant Sue Landlord For Mold In Michigan

    Can tenant sue landlord for mold in michigan? Michigan law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs within 30 days of the tenants lease termination.

    Does Michigan have mold laws? The State of Michigan does not have laws that require anyone to cleanup, remove, or report mold in any type of indoor environment. The State of Michigan does not have a program to address issues related to mold, other than to provide people basic information about mold clean-up.

    How Can I sue my landlord for mold exposure? 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 is a mold lawsuit worth? Yes, you can sue your landlord for mold issues. Whether youve just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.

    Black Mold Is A Health Hazard

    Technically known as Stachybotrys chartarum, black mold poses a serious threat to human health by causing respiratory problems, mental impairment, skin inflammation, and internal organ damage.

    Black mold thrives in moist, dark places that have poor air circulation like between walls or beneath floorboards. That means it can go unnoticed until its too late.

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    Does Bleach Kill Black Mold

    The EPA does not recommend using bleach to kill or remove mold, except in special circumstances. In fact, recognizing the bleach as a threat, the mold will grow back even stronger. When bleach is used on porous surfaces like drywall or wood, mold membranes will move deeper into the surface to avoid the chemical.

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    Is It Safe To Live In A House With Black Mold

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    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.

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    How Do You Know If Black Mold Is Affecting You

    The most common black mold symptoms and health effects are associated with a respiratory response. Chronic coughing and sneezing, irritation to the eyes, mucus membranes of the nose and throat, rashes, chronic fatigue and persistent headaches can all be symptomatic of black mold exposure or black mold poisoning.

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    Contact A Wilson Kehoe Winingham Attorney Today

    If you or a loved one have been exposed to toxic mold and developed a health condition as a result of your exposure, the experienced mold attorneys at Wilson Kehoe Winingham are here to help. We understand the complications of premises liability lawsuits. Put your trust in our team to guide you through every step of the process. Contact a member of our team today for a no-obligation case evaluation.

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    Suing The Landlord For Damages In Texas Court

    In remedy and repair situations, the lawsuit can generally be filed in small claims court because of the small dollar amounts that generally are at stake. This requires the tenant to sue in justice court if a landlord fails to address a reported mold and mildew problem. There are very precise steps to take, however, and renters should seek legal advice before proceeding with a civil action in court.

    If the mold situation has harmed a renter’s health, a personal injury lawsuit can be considered. This might be the case with toxic mold, for example. The renter should talk to a Texas personal injury lawyer about the situation.

    References

    Statute Of Limitations For Mold Cases

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    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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    How Much Time Does A Landlord Have To Remove Mold From My Apartment Or House

    It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair.

    The landlord has a reasonable amount of time to remove the mold after receiving the tenants notice if:

    • The tenant sent the notice by certified mail, return receipt, or other method with tracking or
    • The tenant sent a second written notice after waiting a reasonable amount of time after sending a first written notice.

    Tip: If you send your first notice by certified mail, return receipt, or other method with tracking, you are not required to send a second notice to your landlord.

    Note: You should try getting the problem fixed as quickly as possible by talking with or calling the landlord. However, to protect your rights to repair under Texas law, it is very important that you give the landlord , preferably by certified mail, return receipt, or other method with tracking.

    How Can I Test My Apartment For Mold

    Tenants should stay vigilant when it comes to mold in apartments. Be on the lookout for signs of mold growth such as water spots or suspicious stains, a musty or moldy smell, and leaky pipes. If you have been experiencing allergic symptoms, headaches, or difficulty breathing, it may be to mold. Make sure to alert your landlord as soon as possible. Your landlord can inspect the rental unit and test for the presence of mold.

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    Black Mold Settlement How Much Is The Compensation For Toxic Mold Exposure In Annapolis

    Written by ruxandraon April 7th, 2019

    One of the first things people want to know is how much can they expect as a black mold settlement. You should know that there is no clear value for toxic mold exposure in Annapolis. As your toxic mold attorney in Maryland will tell you, it all depends on the particularities of the case. However, in case you have been exposed to black mold, you should get in touch with a toxic mold lawyer from Annapolis. You may have a very good chance at receiving compensation and justice. If you want to know what to expect in terms of black mold settlement, read further. We will discuss about a couple of cases that you may relate to.

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