The world is a dangerous place. Whether driving your car down the road, walking along the streets, or riding a scooter, the risk for injury is much greater than you can imagine.
From slips and falls at the store to dog bites in a public park or even assaults at Airbnb properties, there is no shortage of thinkable situations for serious injury or even death in extreme cases.
But when in the confinement of your home, you expectantly feel much safer. You might even go a step further to ascertain your family’s safety, but home always is a place of refuge.
What happens when this is not the case and your family is exposed to black mold that can be detrimental to your health? What legal recourse do you have when black mold causes you to harm in your own home?
This post will review insightful information regarding black mold exposure to help you understand your rights as a tenant.
Is Black Mold Dangerous?
Before you can even think of suing the landlord for mold, you need to know whether the type of mold you have been exposed to is dangerous or not. There are different types of mold, but black mold is the most common and dangerous.
Exposure to black mold may cause serious health issues, including:
- Nausea
- Respiratory issues
- Skin irritation and inflammation
- Internal organ damage
- Mental impairment
Mold also causes irreparable property damage. Unfortunately, you may not discover black mold early because it grows in dark areas with poor ventilation and visibility.
What Does the Law Say About Black Mold in an Apartment?
The law stipulates that landlords should afford suitable living conditions for their tenants. According to the implied warranty of habitability, living spaces should be free of health or safety hazards.
The habitability standard is largely the minimum obligation by state jurisdiction building code, which deals with tenants’ health and safety issues. Although minor problems like leaky faucets are not essential to habitability, toxic mold is.
Another thing, the landlord-tenant rapport can only be lawfully defined through a contract (lease agreement). That means contractual provisions dealing with plumbing or ventilation flaws- which can contribute to the growth of black mold, would be enforceable.
Therefore, if your contract mentions that it is the landlord’s responsibility to fix all plumbing issues, but a drippy pipe leads to the growth of black mold, failure to resolve the problem can translate to a breach of contract lawsuit.
Does Insurance Cover Mold Damage?
Talk to your renter’s insurance broker if you suffer property damage triggered by black mold. Your insurance may cover the costs of repairing the damaged property, though this will depend on the cause of the mold and the insurance policy you carry.
Remember, a policy can exclude coverage for mold damage that occurred gradually. In fact, most policies don’t cover mold-related damages apart from those directly associated with an event, such as a leaky roof from a recent storm.
If your renter’s insurance didn’t cover your specific mold-related damage, your next option would be to sue your landlord.
Your renter’s insurance is also unlikely to cover medical issues caused by black mold in your house. Rather, you might consider using your health insurance to cover the medical bills.
Keep a record of all your out-of-pocket healthcare costs because you will want to seek reimbursement from your landlord.
Can You Sue Your Landlord for Black Mold Issues?
Black mold exposure can warrant a lawsuit for personal injury or property damage. You can consider suing your landlord for black mold if:
- Your landlord did not alert you of the existence of black mold when selling or leasing the home.
- You notified the landlord about a water leak or visible mold in the rental property, but the landlord ignored fixing it.
- You incurred any uninsured or unreimbursed medical expenses resulting from mold exposure.
- You lost or may lose your wages in future due to your condition.
- You don’t have renter’s insurance or your renter’s insurance does not cover mold- you can sue for mold-related damages to your personal property.
When Can You Sue Your Landlord for Black Mold?
Wondering what to do when your home has black mold? Well, your landlord is only obligated to remove black mold after you inform them about it. So, the first thing to do after discovering the mold is to issue a letter to the landlord notifying them of the problem.
A tenant can then consider suing the landlord for mold if they fail to remediate the problem. Here are some circumstances under which you can sue a landlord.
The landlord hasn’t fixed the water leak or remediated the mold
How long does a landlord have to fix a black mold problem after a tenant reports it? Seven days are generally considered reasonable.
However, the court can consider a different length of time depending on:
- The date the landlord received the notice
- The severity and nature of the condition
- The reasonable availability of materials needed
Contact a lawyer if your landlord doesn’t respond to your query promptly. Your health and that of your family could be at risk.
You have undergone medical treatment for mold exposure
If you don’t have a medical cover or your insurance doesn’t cover medical expenses from mold exposure, you can sue for damages to those costs and the cost of future treatment.
You have incurred expenses trying to remediate the mold yourself
If your landlord ignores removing the toxic black mold, you can rightfully hire a professional to do it and subtract the cost from your rent. This is called repair and deduct. If you opt for this, keep the removal costs reasonable. Also, keep all the receipts for evidence.
Most tenants are aware that confrontations with landlords aren’t always smooth. Your landlord could claim that they were not responsible for cleaning up the mold because you caused it.
Landlords can also argue that the mold wasn’t toxic or that your clean-up costs deducted from the rent were too high. If you face such problems with your landlord, you may consider filing a personal injury lawsuit or taking the landlord to small claims court.
The black mold damaged your personal property or household goods
A person with renter’s insurance can take advantage of the coverage. Many renter’s insurance providers cover mold damage to household items, furniture, and personal belongings.
However, there can be exceptions for mold that accumulated gradually that should have been realized earlier or for mold resulting from a flood.
Suppose you don’t have renter’s insurance, or it doesn’t cover this. In that case, you should consider adding financial damages to a lawsuit against your landlord for injuries resulting from black mold.
How Much is a Mold Lawsuit Worth?
Settlement awards received by tenants who sue their landlords for mold exposure vary. But the compensation amount can range from hundreds to thousands of dollars depending on the facts of your case.
You can file a suit against your landlord and win a settlement regardless of how minor your case seems. The small claims court lawsuits involving mold allow you to seek compensation for claims worth between $3,000 and $10,000.
All you need to do is establish whether you have a valid case, submit a written demand letter to your landlord, gather evidence, and present your case to the small claims court.
What Is the Statute of Limitation on Suing My Landlord for Mold?
So, you have decided to pursue a case against your landlord for black mold. What is the statute of limitation on suing my landlord for mold?
Whether renting, you own, or are in a temporary living arrangement, suffering an injury from black mold exposure requires immediate action.
Most states allow you up to two years from the date of the injury to file a claim. But the deadline can be shorter depending on your case circumstances, including when public entities are involved.
So, if exposure to black mold caused you harm, it is recommended that you contact an experienced personal injury attorney to make sure your claim is filed on time and increases your chances of winning.
The legal representation of a lawyer ensures that your rights are protected and that your claim proceeds according to your state laws and guidelines.
Black Mold in Your Rental? Meet with an Attorney Today
It may appear harmless, but some kinds of mold can permanently destroy property and cause severe and lifelong health issues.
If you have suffered injuries whose beginning you can trace to this dangerous fungus, suing the landlord for black mold would be the best option.
Find a mold lawyer near you to learn more about your rights and legal options.
