What Should I Do If My Health Has Been Harmed By Hazardous Mold
If you feel your health has been harmed due to hazardous mold exposure, talk with an experienced personal injury lawyer immediately. Owners of property could potentially be held responsible for health effects you are able to prove you suffered due to exposure to hazardous conditions on the property. A personal injury lawyer can help you determine if you have a toxic mold claim that is connected to your mold exposure.
Note: Since gathering of evidence and environmental testing is critical to a toxic mold claim, you should talk with a lawyer quickly so you may begin to prepare evidence for your potential claim.
For more information on mold and toxins, see the Center for Disease Controls site: .
Links To More Information About Mold
The information and advice from this fact sheet was collected from the following agencies contact them for more information or assistance:
- The New York City Department of Health can provide information about the health effects of mold exposure and information about the safe removal of mold.
- New York City Department of Health, Office of Environmental Investigations at 4423372 or the Environmental and Occupational Disease Epidemiology Unit at 7884290.
- There is information about mold, how to remove it, and how to deal with some of the health effects the NYC Dept of Health website: Facts About Mold Guidelines on Assessment and Mold in the Home.
- The Centers for Disease Control and Preventions National Center for Environmental Health has information on its website about mold and clean up procedures as well as links to information about mold and asthma and other environmental issues.
- The National Institutes of Healths Medline provides web access to articles on various types of health issues related to mold.
- Use libraries and the internet to search for magazine and newspaper articles on mold, its health effects and what tenants are doing around the country to combat the problem.
What Can A Tenant Do If The Landlord Refuses To Fix A Mold Problem
Mold-related legislation is not currently required in every state. Despite this, premises liability and personal injury law still adhere to the principles established by the statutes that govern these matters. That implies negligence is a factor in determining responsibility.To be found liable for negligence in a premises liability claim, someone must have been aware that the issue existed or should have been aware that the problem existed. In some circumstances, negligence can be established circumstantially. It’s not uncommon for landlords to be held responsible for creating a toxic environment if the problem is mold exposure.A mold infestation, on the other hand, will need to be demonstrated.This can be done in the following ways:
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What Can Be Done About Mold In My Apartment
The presence of mold can strike fear into the hearts of anyone. Depending on the species, mold exposure can cause a variety of health problems ranging from mild cold-like symptoms to severe reactions in people with compromised immune symptoms.
This is especially problematic for people living in residential rental units. Hidden patches of mold growing within large apartment buildings can affect a large number of people, with many occupants either unaware theres a problem or afraid of repercussions if they do report it.
What should you do If you suspect that mold is growing in your apartment? Why and how do these types of infestations happen, anyway? Is it something for which your landlord is responsible?
Lets take a look at what you need to know if you are concerned about a mold issue in your apartment.
How Property Managers Can Keep Mold Away
Preventing mold problems protects a tenants health and the owners investment. In addition to the tips above, the CDC suggests that property owners:
If a mold issue arises, its important for tenants and property managers to take action. Acting quickly and effectively is the best way to protect against molds harmful and costly effects.
Mold hazards have a direct impact on occupants, ranging from respiratory issues to memory loss. They should always be handled by a professional, says J.P. Woodward, director at Protective Environmental Engineering Services, Inc in Houston. We strongly recommend an annual building moisture inspection performed by a licensed mold professional.
Redfin does not provide legal, tax, or financial advice. This article is for informational purposes only and is not a substitute for professional advice from a licensed attorney, tax professional, or financial advisor.
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Mold And The Landlord’s Duty To Maintain Habitable Premises
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.
Wait For Your Landlord To Remove The Mold
Your landlord will take steps to remedy the issue and remove the mold in your apartment. You may be wondering, how long does a landlord have to fix a mold problem? This depends on how bad the mold infestation is and on any existing state or city safety codes. Theres no generic, clear-cut timeline for when a landlord has to take care of it.
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Treating Minor Mold Problems
Minor mold problems are typically defined as anything smaller than 10 square feet. Mold is usually easier to address when it shows up on tile, around windows, or on other hard surfaces that tend to catch water.
The EPA doesnt recommend using bleach to treat a common mold problem yourself. Instead, they suggest using a simple mixture of water and detergent.
If you see mold on soft surfaces, the best solution is usually to dispose of it. These surfaces include:
If the item belongs to the property owner, make sure to contact them before you throw anything away. If you arent sure whether to clean something or throw it away, talk to your property manager. If you want to try to save personal items with mold on it, contact someone who specializes in mold remediation and removal.
Liability For Toxic Mold In Texas
If you have health problems caused by mold on a Texas property you are leasing, you may be able to file a personal injury lawsuit against the landlord or property manager.
It is their responsibility to keep the property in habitable shape and to protect the tenant’s “physical health and safety,” as noted before, in Texas. As such, any problems associated with the building would be their problem to handle.
Also, if you just purchased a new home in Texas and toxic mold becomes obvious, the previous owner could be held liable for losses. If the previous owners knew about the mold problem, they were legally obligated to disclose this information to potential buyers.
Just like they were obligated to tell you about a leaky roof, they had to tell you about the black mold if they knew about it.
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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.
Call Professional Mold Remediation Services
Even if you have done your part and didnt find anything, it doesnt guarantee your air quality is fine. Consider calling on the services of Mold Remediation to conduct a thorough test of the air in your apartment. Using sensitive equipment, the air or surfaces within your home will be tested for the existence of mold. This equipment can also identify which type of mold is present, as there are different remediation processes for each type.
Samples of the air may be taken with a spore trap, where a large volume of air passes over a sticky surface that catches spores. The strong the air current that passes over the trap, the greater a sampling is taken. The trap is evaluated by a professional laboratory, leaving you with an accurate idea of what you are up against. There are mold test kits that can be done your own, but for the best results, leave mold testing and analysis to the professionals.
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What Causes Mold Growth In Apartments
The primary source of mold growth is excessive moisture in your apartment. This may be due to an undetected or unaddressed leak in your apartment, be it from a broken or leaking pipe in the wall or a faulty roof. Left untreated, you can expect a mold outbreak in your apartment.
Inadequate ventilation can also lead to excess moisture buildup from simple things like taking a bath. An out-of-date or poorly operating HVAC system can also cause mold growth, especially when condensation from that system contributes to the moisture issue.
Remember that mold spores can move from one corner to another through the ventilation system and may create health hazards. This means you may fall sick even if the original mold problem did not originate in your house.
How Dangerous Is Black Mold
You may have heard the phrase “toxic black mold” in the news and on social media, which makes this greenish-black splotchy mold sound particularly scary. But is it really more dangerous than other types of mold?
“Toxic black mold” is a term often used to refer to Stachybotrys chartarum. Stachybotrys belongs to a class of molds that are toxigenic, meaning they produce a toxic substance called mycotoxins.
Science hasn’t found a causal link between black mold and certain serious health issues, so Stachybotrys isn’t necessarily more dangerous than other types of molds. According to the CDC, all mold problems should be addressed quickly, especially since the presence of mold in your apartment could be a sign of a long-term moisture problem.
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How Do You Know If Mold Is Making You Sick
Just like mold, mold allergies can be hidden and can cause mold-related illnesses to go undetected for years. How do you know if mold is making you sick?
Mold could potentially be making you sick if you are suffering from muscle aches, throat irritation, scratchy eyes, headaches, fatigue, runny nose, skin irritation, and dizziness. More serious symptoms include nerve and joint pain, tremors, numbness or tingling, and constant colds or the flu.
But the question remains how do you know if mold is making you sick? The first step towards mold identification is mold awareness.
Allergic reactions to mold are classified as either immediate or delayed hypersensitivity reactions.
Mold could be making you sick if youve been exposed to mold and later develop the following symptoms:
Mold allergies happen hours or days after mold exposure and mold allergy symptoms can appear in 3 different forms:
1. Localized mold sensitivities
3. Mold-related illnesses
Toxins in your system from inhaling mold spores contribute to your overall toxicity level.
This is referred to as the Total Body Burden. When your burden is elevated, you begin to experience symptoms, many of which appear to be unrelated.
Toxins are flushed out of the body by most people when they eliminate feces.
This variation from person to person is largely due to genetics.
Genetics plays a large role in how the body processes exposure to mold.
This can result in serious infections and respiratory disorders.
- Constant colds and flu
What Are My Options If The Owner Refuses To Help
First, it is important to check the lease agreement between the tenant and the landlord. Leases seldom address mold or moisture specifically, but they should include language specifying how maintenance and repair concerns are handled.
If a landlord fails to make repairs, the Attorney Generals publication Landlords and Tenants: Rights and Responsibilities suggests a number of remedies, including filing a complaint with the local housing, health, or building inspector, if there is one. Tenants can contact their city or county to see what codes and inspection services may be available.
The availability of inspectors and local codes varies throughout the state. Some cities have adopted property maintenance or rental housing codes. Another option may be the local health department. Some local health departments may apply their authority under Minnesota Law to declare a property a public health nuisance and may issue correction orders to the landlord. The Minnesota Department of Health does not provide direct services, such as inspections or testing, for mold problems.
If the city or county are unable to help, you may be able to take legal action, including a rent escrow action. The tenant should try to document the problem, where applicable, with letters, photographs, evidence of health problems, orders from local inspectors, and any other documentation that would help the case. More information on legal rights and action is available from these sources:
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What To Do If Your Landlord Wont Fix A Mold Problem
You may have options if the landlord wont fix a mold problem that meets your states requirements. If you arent sure about your rights, speak with an attorney or advocacy group specializing in landlord-tenant law.
A tenants options may include:
- Break the lease without penalty
- Pay for mold removal themselves and deduct the cost from the rent
- File a lawsuit against the landlord
These options are a tenants last resort. Talk to a certified attorney to fully understand your rights.
Check Your Overall Health
Though invisible to the naked eye, mold spores floating around the air in your apartment can lead to and cause health problems. Even if you dont normally struggle with allergies, mold may be toxic to the body and can create breathing problems and skin rashes. A chronic cough that doesnt seem to go away with treatment could be a sign that the air in the home is contaminated. Skin conditions like psoriasis can also be associated with mold toxicity caused by water damage, and those whose bodies are struggling with fungus exposure may find themselves continually fatigued and weak.
Asthmatics may struggle more with moldy air, though anyone could experience wheezing and breathlessness. Children and older adults are especially susceptible to these health concerns. If you or members of your family find themselves constantly dealing with allergy symptoms or respiratory conditions, you may want to have the indoor air quality checked for the presence of mold growth. If you find that these conditions seem to improve when you are away from the home, it could be that it is your environment causing the allergic response.
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Is Landlord Responsible For Mold Testing
Some landlords may offer free mold inspections for renters prior to moving in. Its helpful to have a move-in checklist so that both landlord and tenant can establish the condition of the rental property.
Based on the findings of the apartment mold inspection, the tenant can ask the landlord to make the necessary changes prior to moving in. It is important to know the correlation between mold and tenants rights as written within the agreement.
Who Is Responsible For Dealing With Mold In Apartments
As of 2016, there are no federal laws in the United States regarding mold and landlord/tenant responsibilities. A few states have laws related to this subject, including California, Indiana, Maryland, New Jersey and Texas. Some cities also have relevant laws, including San Francisco and New York City. Even if you live in an area without laws addressing the subject of apartment mold specifically, though, in all states landlords are expected to provide a habitable rental unit. If mold is making your apartment unsafe to live in, your landlord is responsible for fixing the problem.
In general, landlords are responsible for mold remediation if mold results from something the landlord is responsible for repairing. For instance, if a leaky roof leads to mold growth, the landlord would probably be responsible for removing the mold as well as repairing the roof. Tenants are not typically responsible for roof repair and therefore they arent usually responsible for removing mold that results from a leaky roof.
You should consult an attorney if you need legal advice about a specific situation.
If you have renters insurance â and we recommend all renters purchase insurance for their own protection â it may cover the cost of some of your belongings if they are ruined by mold. It will depend on the specific coverage your policy provides and on the cause of the mold. Contact your insurance agent if you have questions.
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