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.. Every case is different, but damages for black mold contamination may include the following: It may seem harmless, but certain types of mold can permanently destroy property and cause serious and sometimes lasting health problems. Firefox, or Black mold is very dangerous, ... My wife and I have complained about mold in our apartment for over a year. But some molds can cause serious health problems once they get a foothold into your home or workplace, particularly that which is known as "black mold." Homeowners insurance companies sometimes are targeted with breach of contract suits for failing to cover toxic mold claims. Joy Shepard says: September 4, 2016 at 3:46 pm . All rights reserved. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic. 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. ... Tenant takes action after mold infestation in apartment complex - … Contact an Attorney. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. Please try again. I sprayed mold remover, but the mold keeps returning. Mold, the relatively innocuous-sounding inhabitant of many a bachelor's refrigerator, is generating nationwide media attention and involving homeowners, architects, construction companies, commercial and residential landlords, property managers, employers and contractors in multimillion dollar lawsuits. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. The mold lawsuit settlement examples below will give you a general idea of what to expect: Have Questions About Mold Lawsuit Settlements? When arriving at a dollar value for total damages, plaintiff's attorneys typically review verdicts and settlements reached in similar toxic mold cases. He or she is responsible for removing the mold. If you own a rental property, you should take mold seriously. Firefox, or 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. We are recognized for our success in bringing toxic mold cases on behalf of individuals who are injured or damaged by mold. Mold growth is encouraged by warm and humid conditions. Are you a legal professional? Google Chrome, The most common theories of liability for toxic mold injuries include negligence, breach of warranty, and failure to disclose. It is important to mitigate the damage caused by the mold. Stay up-to-date with how the law affects your life, Name Search, Notice for Breach of Construction Contract. Mold is a health hazard. 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. Toxic Mold Lawsuit. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. | Last updated February 10, 2017. If push comes to shove, you may need to file a personal injury lawsuit against your landlord. News Tenant Exposed to Toxic Mold Gets $250,000 Settlement A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to grow in his living room. If you believe your apartment is contaminated with black mold, you may be able to sue your landlord to receive compensation. The basics of toxic black mold. Mold on the living room ceiling could spread and end up damaging your living room furniture. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. So if the plaintiff has a fairly strong case and proof of toxic mold infestation, but with a sliver of doubt as to the causation of the illnesses, the base settlement amount (calculated as if there were a 100 percent chance of succeeding at trial) may be discounted by 30 percent or so. It spreads easily, so mold on a closet wall could spread and end up damaging clothing or other items stored in the closet. We recommend using It can lead to allergies, headaches, and even asthma-like symptoms. 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." Mold could have various effects to the unit a person lives in, and it could also damage the body of tenants or property over time. 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. The most common toxic mold encountered in lawsuits is Stachybotrys (pronounced "Stack-ee-boa-trus"), or sometimes referred to as "black mold". Tran et al. Can I File a Lawsuit? Mold is found just about anywhere there is moisture, a lack of ventilation, and the right temperature. Contact a qualified real estate attorney to help protect you from the costs and frustration of construction defects, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. For instance, it could be the result of construction defects, faulty materials, poor architectural design, or the previous owner's failure to disclose known problems. Lawsuit against a large, national apartment company in San Diego Federal District Court alleging personal injuries as a result of water damage and mold exposure in an apartment in Vista, California. While the conditions that allow mold to grow and thrive are well-known, it's not so easy determining the proximate cause of toxic mold in a building. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Removal of mold typically requires the destruction of all infected materials, such as sheet rock, floorboards, and furniture. The longer the person remains within the apartment, house or unit, the longer toxic mold could debilitate him or her. If it's a rental, the landlord may be held liable if it's determined they knew or should have known about the problem. When you search for a rental house or apartment, you generally look for a place that's affordable, in decent shape, close to work, and suitable to your personal needs. Also, the kinds of mold will be tested. I’ve seen my doctor several times about my allergies and sinus infections caused by the mold, and my doctor says I need to move. Tenants in several states have successfully sued their landlords for health consequences from unremediated mold. KSBW Action News 8 14,778 views. Mold is a moisture problem. Google Chrome, Even if there is mold, the solution will not necessarily be obvious. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. All rights reserved. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit. While this is warranted in certain situations, many times some mold is okay or even desired. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. These sample letters might help you write your own personal letter to your apartment manager or landlord. Failing to cover toxic mold claims you for any additional costs you have sustained every year even slimy appearance! Is derived from mold is legally responsible for removing the mold after receiving the tenant ’ s notice:... Other mold-related causes some mold is common where humidity is a November jury. 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