Although mold is always a major concern when looking for a house to purchase, it is often overlooked when searching for a rental property.
When looking for a rental house, you are basically looking for a house/apartment within your budget, in a good location, and condition.
Taking time to inspect for other things such as the existence of mold in the property may not be at the top of your priority list.
Even if it was, you might not be concerned about it until when the damage has already been done.
So, the big question is, “can I sue my landlord for mold?” Here is everything you need to know about suing your landlord for mold.
Is Mold Dangerous?
Before you even start thinking of suing your landlord, you need to establish whether the type of mold that you have been exposed to is dangerous or not.
While there are different types of mold, black mold is the most common and most dangerous. Exposure to black mold can cause severe health problems, such as:
- Skin irritation and inflammation
- Internal organ damage
- Respiratory problems
- Mental impairment
- Nausea
Mold can also cause irreparable property damage. Unfortunately, it is difficult to discover black mold before it causes damage because it thrives in dark spots with poor ventilation, water damage, and poor visibility.
Is My Landlord Responsible for Mold Removal?
The law stipulates that landlords must provide their tenants with safe and secure living conditions.
It means that if your landlord failed to ensure your rental house/apartment is free of health hazards, such as mold, you have a case against them.
If you discover mold issues in your rented property, the first thing you should do is to contact your landlord and inform them about the issue.
If they doesn’t move with speed to get rid of the mold, then they can potentially be held liable for any damages that may result from mold exposure.
Even if the landlord takes care of the problem, but you still show evidence of injuries you believe you developed after being exposed to the mold, you can still file a lawsuit against your landlord.
Suing Your Landlord for Mold
If you truly feel that the existence of mold in your rented property has caused you significant damage, then you can sue your landlord for damages.
Typically, you can file a lawsuit against your landlord for implied warranty of habitability under the following circumstances:
- If you informed the property owner that there was water leakage or visible traces of mold in your house, but he/she did nothing to remedy the situation, and things have now got out of hand.
- If you have incurred significant medical expenses due to mold exposure.
- If you have incurred any cost trying to get rid of the mold yourself.
- If you have lost wages or will probably lose wages in the future due to health complications you developed after being exposed to the mold.
- If you have suffered significant pain and suffering.
How Much Is a Mold Lawsuit Worth?
Settlements awarded to tenants who sue their landlords for mold exposure tend to vary, but the compensation amount ranges from thousands of dollars to hundreds of thousands of dollars depending on circumstances surrounding the case.
You can still file a lawsuit against your landlord and get compensated even if you think your mold problem case isn’t significant.
The small claims court lawsuits involving mold allows you to file for compensation if you think your claim is in the range of $3,000 to $10,000.
All you have to do is determine whether you have a genuine case, write a demand letter to your landlord, prepare evidence, and present your case in a small claims court.
Although each case is different, the general damages for mold contamination include:
- Pain and suffering
- Loss of earning capacity as a result of injuries sustained due to mold exposure
- Medical expenses incurred while treating mold exposure-related injuries. This may include any future expenses you may incur.
- Loss of wage.
- Destruction of property due to mold contamination.
Discovered Mold in Your Rented House? Consider Talking with an Attorney Today!
While it may seem harmless at the beginning, mold exposure can cause severe and lasting health complications.
If you have suffered injuries that you believe are a result of mold exposure, you may want to sue your landlord for damages.
Find a mold attorney in your area for a free consultation!
