what type of lawyer for mold issues tenant

Yes, a mold attorney can help you with any issues related to a toxic mold claim. A mold attorney will be a personal injury lawyer with experience in toxic mold claims. Toxic mold claims are complex and require a great deal of expertise.

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What kind of attorney should I hire for a mold lawsuit?

Ideally, you want to hire an attorney who has worked on mold-related claims before; and in fact some attorneys specialize in toxic mold cases. Since these types of lawsuits tend to encompass many different areas of the law, you will want an attorney who is familiar with the following:

Who is mold Law Group?

Who Is Mold Law Group? Mold Law Group’s litigation consulting platform is a culmination of over 15 years of in-depth research by environmentalists, epidemiologists, toxicologists, medical professionals, Neurotoxicologists, Neuropsychologists, and law firms.

Is my Landlord responsible for mold in my home?

If you live in these areas, your landlord has an increased responsibility 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.

Do I need a lawyer for tenant remedies?

In these cases, you might decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you might need some coaching on how to do it right. Consulting a lawyer might be your best move.

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").

How do tenants deal with mold?

If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you might wish to deduct the cost of cleaning from that tenant's security deposit. California law allows landlords to do this, provided they give the tenant a written explanation of the mold damage ...

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.

How long can you live in a house with mold?

So, how long you can really stay inside a room with mold? 2 days. Also even worse, if you don't take any action the mold will certainly continue growing until actions are taken to get rid of the problem. Drying out extensively may assist avoid prompt and long-term health problems.

What are signs of mold sickness?

Symptoms of mold exposurerunny nose and congestion.eye irritation.sneezing.coughing.sore throat.skin rash.headache.lung irritation.More items...

How do you win a mold case?

0:342:08Local attorney has advice on winning mold cases in court - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey have to take steps to investigate. And correct the problem if there's a water leak that'sMoreThey have to take steps to investigate. And correct the problem if there's a water leak that's creating the mold. And they would want to investigate where that water is coming from.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.

What is mold in a house?

Mold is an organism that develops in places where there is excessive moisture. This can happen when a home or building experiences a water leak such as a pip leak, a flood, a roof leak, or any other way in which water can enter. Mold can cause property damage. Mold removal, also called mold remediation, can be costly and time consuming ...

Which states have mold standards?

There are some states which have passed laws with regard to mold standards and guidelines, specifically referring to indoor air quality. California is one of those states, with the Toxic Mold Protection Act of 2001, it established mold remediation standards for contractors, owners, and landlords.

What are the two types of mold?

Two types of mold, stachybotrys chartarum and toxigenic aspergillus, may cause adverse reactions in individuals. These are the types of mold attorneys and mold remediation companies often refer to as toxic mold. Adverse reactions to these molds can lead to life threatening issues.

What is black mold?

Stachybotrys chartarum is what most individuals are referring to when they say “black mold.”. It has a dark green or black appearance. The mold produces spores which are released into the air as it feeds on organic material in the building or home, such as drywall or carpet.

Why do people have toxic mold?

These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold. Poor building maintenance may also be a factor.

What are the most common damages for mold?

The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including: Repair costs;

Does homeowners insurance cover mold remediation?

Mold problems can also occur in areas that have experienced water damage. Many times, mold remediation will be covered under a homeowners insurance policy under water damage.

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.

3 attorney answers

An attorney who specializes in toxic tort should be able to help with a claim for any personal injuries. As for any apartment issues, contact an attorney who specializes in landlord/tenant cases.

Christina G. Holdsworth

There are lawyers who handle several practice areas, insurance, injury, toxic torts. Any one is likely to help you in this situation.

Chris Matthew Limberopoulos

Mold remediation has to be be done properly with air sampling done to ascertain if remediation was done properly. This is a specialized area of law and so use Avvo search tool to find local mold attorney which can be specialized personal injury counsel as well.

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 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.

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.

What happens if you notified your landlord of mold?

If you notified your landlord that there is a water leak or that there is visible mold in the rental property, but your landlord has neglected to fix or remediate it ; If you have any uninsured/unreimbursed past and future medical expenses due to mold exposure; If you have lost wages and will lose wages in the future due to your condition;

What is the phone number for mold damage?

PA: (215) 576-0100. NJ: (856) 667-8888. Give us a call to schedule your free consultation if you’ve suffered health or property damage due to mold. You are likely entitled to compensation.

What happened to the tenants in California?

In a case in California, tenants settled for $500,000 where the landlord failed to maintain the home’s crawl space , resulting in moisture and toxic mold throughout the rental home. One of the tenants required sinus surgery and lost hearing in one ear as a result of middle ear infections caused by mold exposure.

What causes mold in drywall?

Toxic mold is usually caused by water damage from a small leak over time or burst water pipes that are repaired, but the resulting moisture held in drywall or carpet or furniture is not remediated. If a property floods, mold will grow if the affected building materials and furniture are not removed and replaced.

How long does it take for mold to grow in a rental property?

The EPA asserts that water damage must be addressed within 24-48 hours to avoid toxic mold growth. In other words, if it has been longer than that since water damage occurred to your rental property and that water damage has gone unaddressed, you will have mold growth.

How does mold enter a house?

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.

How much money can a tenant recover?

Where there is little injury, property damage, or inconvenience, tenants have recovered anywhere from $3,000 to $10,000. Some tenants have won high-dollar judgments and settlements against landlords where the injury or property damage was severe.

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.

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.