As previously mentioned, if there is mold that has not been remediated, your landlord may be held liable for your damages. Where the landlord fails to make the proper repairs then the tenant can sue for any damage caused by the mold such as illness. If you have reason to believe your rental is contaminated with toxic black mold, and it has caused health problems, suing your landlord for black mold is one way to get compensated. In that post, I said that I had suffered mold-related illness because there was mold in my former apartment (that I moved out of last September) after my landlord failed to properly remedy toilet overflooding. Lawsuits Won Against Mold Here are some examples of lawsuits resulting in high-dollar awards to those who suffered because of toxic mold: A Group in California A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes. The following blog post will help you understand your legal options if a mold infestation in your apartment has impacted your health. Suing for Black Mold: The Process When your health issues are the result of mold, and you are holding your landlord responsible, there is a specific process to the pursuit of a settlement. Illegally Holding Your Security Deposit. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. • Exposure to these high levels of radon is when it can become a serious health problem. Mold: Is it the Landlord’s Responsibility? When you should sue your landlord depends on the reason you are suing. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Black mold is very dangerous and can cause all kinds of health issues and even death if exposed to long enough. • (c) The department shall not require a commercial, industrial, or residential landlord or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold … The relationship between a landlord and tenant is a contractual where each party has obligations to carry out where implied or expressly stated. Lease Arrangements In your lease, you might have some provision that particularly resolves this problem. What you can do is take steps to prevent and eliminate mold if those nasty little spores start appearing in your rental property.. What you need to know about mold in a rental - mold laws, tenants rights, the landlord’s responsibility, the tenant’s responsibility, whether or not you can sue your landlord for mold and more! Over 5 million people have used CanISueForThat.com to research legal issues The good news is if your rental unit has been damaged by black mold, you do have legal recourse. Several types of black mold aren’t toxic at all. Mold: You hope you don’t have it, you can’t always see it, but you can’t ignore it. I'm asking if anyone has sued a landlord for mold exposure and what their experience was like. Can I File a Lawsuit? When my landlord purchased this house, we had moved in about a month prior, he had ppl come and inspect the home for a bunch of things. Many landlords will also attempt to rid themselves from being liable of the cost to remove and remediate mold by blaming the tenant for being at fault. However, the tenant may have the option to sue the landlord if the mold affects his or her health or property within the unit or house in which the person resides. If you have mold-related losses (for a health-related problem or property damage), you may be able to sue your landlord in small claims court, if your claim is in the $3,000-$10,000 range, (the small claims court limit in most states). Can I Sue My Landlord For Mold Exposure? She should sue you. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord. If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. >>. When a tenant takes possession of the premises there is an expectation that the landlord will carry out his/her obligations and the landlord will have the expectation that the tenant will fulfil their obligations. The tenant can recover all expenses from damage caused and the cost for inspection and air quality test. Find out if you can sue your landlord for black mold in Georgia. A landlord has health and safety requirements, and a tenant has rights to have those requirements met by the... 0 found this answer helpful | 0 lawyers agree Enjuris Tip: You do have legal recourse when dealing with toxic black mold in your Florida rental, but suing your landlord should be a last resort. Radon is a known carcinogen, causing lung cancer in individuals with high levels of exposure over time. Performance & security by Cloudflare, Please complete the security check to access. Please enable Cookies and reload the page. Oct 1, 2020. It is the landlord or in the case the "slumlord's" responsibility to take care of the buildings they rent out too. & over 100,000 visitors have tried our free Case Evaluation Tool! In Delware a tenant recovered 1.04 million for mold when the landlord failed to fix a leaky pipe which resulted in asthma attacks. Can we sue landlord for mold exposure? The landlord has the responsibility of keeping the premises fit for human habitation for the duration of the lease. The most common type is Cladosporium, which is most frequently found on living and dead plants, both inside and outside. All you need to do is to provide evidence of mold contamination and a report from a home inspector which confirming the presence of mold in the rental home. In California, a tenant does not have to pay rent until the problem is remedied or deduct rent if they remedy the problem themself. Non-toxic black mold. A tenant should always remember that a lease is a contract and under that contract the landlord has duties which he must do. The list below techniques may be able to help you in managing this type of circumstance. All rights reserved. A claim for damages in a mold lawsuit can be significant, particularly if a business is involved and the lawsuit includes a claim for lost profits. She still can sue u with documents and pictures. Determining who’s at … I have upper respiratory infection from black mold in my house, and im suing for property damage and my health issues. State laws differ on the specific reasons a landlord can take … Therefore, where there is mold it is the landlord’s responsibility to correct the problem as mold contamination is included in ensuring that the home is habitable. An electric system, including lighting, wiring, and equipment, in good working order. A tenant can sue a landlord where there was a failure to carry out his obligation. A tenant can sue the landlord for black mold and can recover any cost associated such as inspection, replacing ruined household items, medical expenses, future medical expenses and emotional distress. A landlord is liable for any damage caused by mold once there is a violation of building code such as a leak, deficient ventilation of kitchen or bathroom or any problem that can cause mold. I hope she gets justice, you sound just like my pathetic excuse for a landlord. Yes, you can sue your landlord for mold issues. If you believe your apartment is contaminated with black mold, you may be able to sue your landlord to receive compensation. It can be found in building materials such as wood, paper, fiber board, cotton products and any other material that is conducive to the growth of mold. You might have a case against the landlord. Black mold is a harmful toxin that can be very dangerous for humans. No Obligations & No Credit Card Needed. Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin. That might be an insurmountable problem... 0 found this answer helpful Cloudflare Ray ID: 609f8e62fee24a8c Black mold is a harmful toxin that can be very dangerous for humans. Another way to prevent getting this page in the future is to use Privacy Pass. Research Legal Questions & Connect with Attorneys. For starters, the landlord or property owner is responsible for ensuring your apartment is in suitable condition before you move in … The tenant must prove that the house has mold which involves getting the premises inspected by a home inspector to have the inspector provide a report and have the air quality tested to determine if there are harmful level mold spores in the home. One of the implied duties of a landlord is to keep the property fit human habitation that is he/she must provide a property free of serious defects which might harm a tenant’s health or safety. To take care of the lease the burden is on the reason you are a and... For it pathetic excuse for a landlord and tenant is a known carcinogen causing. In Delware a tenant breaking the lease and im suing for property damage my. Immediate symptoms from radon exposure, and no way to detect it conducting... 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