what to talk to lawyer about hidden mold tenant

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven't suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record).

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What should I do if my tenant has mold in the House?

With the evidence of the mold, the tenant may need to seek medical care and document any injuries with his or her body. Then, photographic evidence of property damage is essential.

Is your tenant hyper-sensitive to mold?

For this reason, even if you suspect the tenant is hyper-sensitive, it behooves you to do a visual inspection for signs of mold. Mold requires three things to grow: Heat, moisture, and a medium to grow on.

Can a landlord be held responsible for toxic mold?

The landlord-tenant relationship is one of the lease agreement defined matters. In this contract, the landlord is held to providing the necessary repairs for a livable space. Many courts will hold this person to removing toxic mold or face paying damages to the tenant when harmed by it.

Can you sue for toxic mold?

If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold (called "mold remediation").

Does black mold make a house uninhabitable?

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.

Is the landlord responsible for mold?

As a landlord, it's both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould. To do this properly, you need an expert to diagnose the problem and then, ideally, secure a fix that also has a quality warranty.

What do you do if your rental has mold?

Tenants should let their landlord know about any mould problems in writing. As with any problem, tenants and landlords should try to work out a mutual agreement to fix the problem. Landlords and tenants should document and put in writing any remediation arrangements.

What happens if you don't fix mold in your house?

If the Landlord fails to fix the problem within a 7 day period of time, the law allows you to terminate your lease and move to a new place. Alternatively, if you are unable or unwilling to move out immediately, once you give the proper legal notice, you can withhold your rent until the Landlord repairs the mold issue.

What happens if you are exposed to mold in Florida?

Many of our clients are tenants who were unaware that Florida’s Landlord-Tenant statutes protects tenants from living in sub-standard living conditions. If you are being exposed to toxic mold, you need to take action. Toxic mold may affect your health and damage your personal belongings. If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem. Click here for a sample 7-day Notice to Cure. If the Landlord fails to fix the problem within a 7 day period of time, the law allows you to terminate your lease and move to a new place. Alternatively, if you are unable or unwilling to move out immediately, once you give the proper legal notice, you can withhold your rent until the Landlord repairs the mold issue. Once you terminate the lease, you are no longer responsible for the rent. However, providing the correct written notice to the Landlord must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For these reasons, we recommend you contact us for a free case review.

Where does mold grow?

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.

Can mold damage your home?

Toxic mold may affect your health and damage your personal belongings . If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem.

Is mold bad for health?

The effect of mold on your health. Although every person has a different health reaction to mold exposure, certain symptoms have been recognized as common among individuals who have been exposed to toxic mold or are living in a water damaged environment.

What happens if you don't fix mold in your apartment?

If tenants believe you're not adequately responding to a mold problem in their apartments, they might choose to withhold rent, claiming that the mold is making their homes unlivable. Or, they might try to fix the problem and deduct the repair costs from their rent. Although tenants aren't always justified in pursuing such strategies, the result is a loss of the rental income stream that your business depends on.

What happens if you discover mold in your building?

If you discover a mold outbreak at your building and don't take steps to fix the problem and update tenants on your progress, it could lead to negative press and potential applicants choosing to look elsewhere for housing. Even if unfair or exaggerated, any reputational harm you suffer from a mold problem also threatens your business's bottom line.

Does mold make you sick?

Although the nature and extent of mold's effects on human health isn't certain, many tenants who claim that mold in their building made them sick have recovered large sums through litigation.

Can you be held liable for mold damage?

Plus, if mold damages your tenants' personal belongings, you could be held liable for tenant losses, especially if your actions caused the mold problem or you didn't respond promptly to address a mold problem once it was reported or discovered.

Can you sue a landlord for mold?

For example, tenants in San Francisco can sue their landlords for violating city nuisance laws if the landlords fail to remove mold located anywhere inside their buildings.

What to do if you suspect mold in your rental?

If you suspect there is mold in your rental unit, learn what to look for and when your landlord might be liable. Even better, take steps to prevent mold before it becomes a problem—or clean mold up before it does become a problem.

What happens if a landlord doesn't take care of mold?

If the landlord doesn't take care of leaks and mold grows as a result, you might be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem.

What causes mold in a house in Arkansas?

Mold Caused by a Landlord's Failure to Fix Leaks. Landlords in all states but Arkansas are responsible for maintaining fit and habitable housing and repairing rental property, and this extends to fixing leaking pipes, windows, and roofs—the causes of most mold. If the landlord doesn't take care of leaks and mold grows as a result, ...

What is the villain of mold?

Mold comes in various colors and shapes. The villains—with names like stachybotrys, penicillium, aspergilus, paecilomyces, and fusarium—are black, white, green, or gray. Some are powdery, others shiny. Some molds look and smell disgusting; others are barely seen—hidden between walls, under floors and ceilings, or in less accessible spots, ...

Where does mold grow?

Mold often grows on water-soaked materials, such as wall paneling, paint, fabric, ceiling tiles, newspapers, or cardboard boxes. Humidity sets up prime growing conditions for mold.

Is mold a hazard?

By Janet Portman, Attorney. Mold is an environmental hazard that can cause concern among renters. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems—such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma—allegedly caused by exposure to " toxic molds " in ...

Is a landlord liable for mold?

Tenants have some duties to maintain their rental unit, so when a tenant's own negligence is the sole cause of injury, the landlord is not liable. To avoid causing any mold problems, practice good housekeeping, such as ventilating your apartment.

What are some examples of landlords not letting tenants use appliances?

For example, leaving windows open while it is raining, refusing to allow the landlord access to the apartment for maintenance, and improperly using appliances that cause high humidity (not letting steamy bathrooms dry out) are all actions that the tenant is responsible for, not the landlord.

Which cities have laws on mold?

A handful of states have passed laws to establish acceptable levels of indoor mold spores. Certain cities, including New York City and San Francisco, have included mold in their list of “nuisances” and department of health guidelines.

What happens if mold makes you sick?

Your ability to collect from your landlord when mold had made your sick has one big “but if”: The problem must have resulted from the landlord’s failure to maintain the property, not your own poor housekeeping. For example, leaving windows open while it is raining, refusing to allow the landlord access to the apartment for maintenance, and improperly using appliances that cause high humidity (not letting steamy bathrooms dry out) are all actions that the tenant is responsible for, not the landlord. As a result, in most instances, the landlord will not be liable.

Can you make a claim against a landlord for mold?

You might be able to make a claim against the landlord for violating these specific laws, regulations, and guidelines. State and local laws might also require landlords to disclose information about mold to tenants. Check your state’s required landlord disclosures laws to ensure your lease or rental agreement is in compliance.

Does Arkansas require landlords to maintain fit and habitable housing?

Updated: May 27th, 2020. All states (except Arkansas) require landlords to offer and maintain fit and habitable housing. Legislatures and courts are increasingly including the significant presence of certain types of mold as a health hazard that might violate the landlord’s duty.

Is it safe to breathe in mold spores?

Understanding and quantifying the risks of breathing in toxic mold spores is a challenging area of science and medicine; indeed, experts have yet to identify all of the molds that are dangerous to health.

Can mold be a result of landlords?

If mold develops in your apartment as a result of your landlord’s poor maintenance, and you can prove it has significantly affected your health, you might be able to file a personal injury lawsuit against your landlord.

How much can you sue a landlord for mold?

If the damage caused by mold in your rental is somewhere between $3,000 and $10,000, you might be able to sue your landlord in small claims court (every state has a different cap on how much you can sue for in small claims court ).

How do you know if you have mold in your house?

Sometimes, there are obvious signs of mold, such as black splotches on the wall or actual mushrooms growing out of the carpet. Many times, though, the only way you discover a mold problem in your home is when you begin to experience health problems. Mold spores can trigger a variety of symptoms, including: 1 a stuffy nose 2 wheezing 3 skin rashes 4 asthma flareups 5 shortness of breath, and 6 coughing.

Where does mold grow?

Mold is very common and grows in areas where there is a lot of moisture, including bathrooms, around windows, near pipes, and areas where flooding has occurred. It can survive on a wide range of materials such as cardboard, wallpaper, carpet, drywall, and ceiling tiles.

Do landlords have to disclose mold?

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.

What happens if a landlord doesn't take care of mold?

If the landlord doesn’t take care of leaks and mold grows as a result, you might be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem. There’s a but….

Why is mold in my rental property?

A mold problem generally occurs because of one of two reasons (sometimes both at the same time): A leak or other water intrusion. High indoor humidity. Without either of these your chances of having a mold in a rental are reduced.

What does mold in a rental mean?

This means showing documentation of your correspondence with the landlord about any leaks / water intrusions or visible mold growth. Proof of either visible or hidden mold in a rental.

Can mold be in a rental?

But having mold in a rental can be an absolute nightmare. If those are both bad, try having mold in a rental when a landlord won’t fix the mold problem. If you are dealing with mold in a rental, then this article is for you. While tenant right’s laws and mold laws vary from state to state, ...

Which states have mold standards?

Only a few states (including California, Indiana, Maryland, New Jersey, and Texas), and a few cities (including New York and San Francisco), have taken steps toward establishing permissible mold standards or guidelines and regulations for mold in indoor air.

Is black mold toxic?

Black Toxic Mold. It seems like mold in rental homes and apartments is always referred to as black toxic mold. The thing is, this isn’t the only mold out there. While you don’t want any type of mold present in large amounts, you don’t want any toxic mold present in your home at all.

Is mold remediation expensive?

Depending on how bad the mold problem is, mold remediation may need to be performed by a professional mold remediation company. This can be pretty costly, but if not done properly it can not only be ever more costly monetarily to a home but costly in regards to the health of the occupants within the home.

What is a tenant who has terminated a rental agreement?

The tenant has sent a written notice of their intention to break the lease for the landlord’s failure to maintain the unit, The tenant is a servicemember who has terminated a rental agreement in accordance with 83.682, Fla. Stat., The tenant has exercised their rights under local, state, or federal fair housing laws.

What is the first course of action available to renters?

The first course of action available to renters is what is known as “repair and deduct.” This strategy involves the tenants paying for the mold remediation and repairs out of their own pockets and then deducting the costs from their rent payments.

Can a tenant be forced to live in an uninhabitable space?

There’s no legitimate reason a tenant should be forced to live in an uninhabitable space or to foot the bill for toxic mold remediation. Although filing a personal injury lawsuit against your landlord should never be your first course of action, it is an option to protect your rights and your wellbeing.

What happens if a landlord doesn't remove mold?

When the landlord does not remove the mold, the tenant may need to hire a lawyer to pursue legal action. A breach of contract is sometimes the route necessary to pursue compensation for harm from the mold in the unit.

What happens if a tenant contacts the landlord?

However, without attempting to correct the initial problem, this could lead to a complication in the claim. One of the first actions is to give the landlord the chance to correct the toxic mold. Identifying that the mold is toxic and where it exists is important.

What happens if a landlord refuses to ensure a unit is livable and habitable?

With a landlord that refuses to ensure the unit is livable and habitable, the tenant usually has a valid claim against him or her. With the evidence of the mold, the tenant may need to seek medical care and document any injuries with his or her body. Then, photographic evidence of property damage is essential.

What is the choice when finding toxic mold in a unit?

The Choice. The tenant has a choice when discovering toxic mold in the unit. Sometimes, the landlord is able to remove the mold through extensive repairs and maintenance of the property. Other times, the mold requires a complete overhaul of the living space. It is then a choice of moving out and seeking new accommodations or hiring a lawyer ...

How does black mold affect the body?

Contamination with toxic black mold is often severe. Serious health problems are normally just the start. The longer the exposure, the more damage to the inside of the person’s body. This could include respiratory harm, internal ...

What is the landlord tenant relationship?

Crucial habitability is one of the most important responsibilities of the landlord. The landlord-tenant relationship is one of the lease agreement defined matters.

Can mold be toxic?

Various forms of mold are nonharmful, but the toxic type could cause injury to the person and extensive property damage to the unit that could lead to the need to move. 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.

Who is legally responsible for removing mold?

The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don't suffer any injuries, a landlord' s failure to maintain a mold-free environment violates the implied warranty of habitability. Thank you for subscribing!

What are the medical expenses associated with mold exposure?

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.

What is black mold?

Black Mold and Your Landlord's Responsibilities. Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an " implied warranty of habitability .". The standard for habitability is generally defined as the minimum required by your local jurisdiction's building ...

What are the health problems caused by mold?

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.

Can you sue your landlord for mold?

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven't suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don't suffer any injuries, a landlord's failure to maintain a mold-free environment violates the implied warranty of habitability.

Can mold damage your house?

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.

Can you claim damages for mold in a rental?

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it's up to you to pay for an inspection and testing;