Legal Aspects of Mold Contamination

Legal Aspects of Mold Contamination

Mold contamination has become an increasing problem in homes, offices, and other indoor places across the United States.

Mold can cause a lot of health problems to people who are exposed to it, and in severe cases, exposure to mold spores can even be fatal.

Due to this growing concern, many different laws have been passed, which protect the rights of people in case of mold contamination. Here are some of the legal aspects of mold contamination.

Landlord and Tenant

The landlord has a responsibility to ensure proper living conditions for his tenants, which includes having premises free from any kind of mold contamination.

If you are a tenant, and have discovered any mold in your rented premises, then it is the duty of the landlord to get the mold removed and pay for any such removal.

Landlords, who fail to make their property free from mold contamination, can be sued by their tenants.

As a tenant, if you have suffered from any illness due to mold contamination in your rented apartment, then you can sue the landlord for compensation and damage.

The first thing that you need to do is to provide evidence of mold contamination. A report from a home inspector, which affirms the presence of mold in your home, can be sufficient proof of mold contamination.

You also need to get the air quality tested to determine if there are elevated and harmful levels of mold spores in your rented premises.

Under the law, it is not the duty of the landlord to provide or pay for such proof, or to get the premises tested for any signs of mold contamination.

The burden of providing such proof lies with the tenant.

But if there is in fact any mold contamination found, and the landlord has been proved guilty of neglecting his responsibilities, then a tenant can recover any expenses relating to gathering of the proof, as well as any other damages that may arise due to mold contamination.

Home Buyers and Sellers

As a home buyer, you have the right to know if the home that you intend to buy, has any problems with mold contamination.

If mold contamination was present but had been taken care of, then the seller need not disclose this fact, but if there is any present mold contamination in the house, then the seller is required to make this fact known to any prospective home buyer.

As a new home buyer, if you have noticed any signs of mold contamination in your new home, and this was not disclosed to you by the seller, then you have legal rights under mold contamination laws.

You can sue the seller for non-disclosure and also for any damages and compensation that may arise due to the mold contamination or any illnesses because of it.

Employers and Employees

It is the duty of employers to see that the workplace is fit for employees to work in, and this includes ensuring proper indoor air quality.

If the air quality at the workplace has been compromised due to any mold contamination, then employees are entitled to recover damages for any illnesses suffered by them.

The employer also has a legal responsibility to remove all signs of mold contamination from the workplace.

Damages Due to Mold Contamination

If you have suffered from any disease due to mold contamination at your workplace, in a rented apartment, or in your new home, then you may be entitled to receive the following damages:

  • Medical expenses incurred on illnesses due to mold contamination. Future expenses can also be claimed as damages.
  • Pain, anguish, and suffering.
  • Damages for loss of wages as a result of mold illnesses.
  • Loss of earning capacity.
  • Damages due to loss of companionship, comfort, financial losses etc in case of death due to illness caused by mold contamination. Such damages can be recovered by survivors of the deceased.
  • Damages for destruction of property due to mold contamination.
  • Punitive damages.

Mold contamination is a very serious problem, which can result in a host of problems, medical and otherwise.

If you have suffered in any way due to mold contamination, you should hire a lawyer immediately, to protect your rights and recover any damages that you may be entitled to.

30 Comments

  1. I have been sick for a few months from black mold in my apartment. I notified the landlord months ago and he has not fixed the problem.

  2. For over 4 years now my family has battled with the issue of black/white mold. We spoke to the landlord about it including the lady who was the property manager and they did nothing about it. We would like to sue the owner and in desperate need of a lawyer.

  3. my daughter has been hospitalized 5 times and on a breathing machine she been complaining to her manager if mold in hm but still no one came to fix it just fund out she has toxic mold in her blood can someone plz help her

  4. I recently rented out a home that smelled sour, when asked prior to the lease, if it had any mold issues, the landlord said no, it was mold free. a week after signing it just smelled really musty so I contacted anot air safety company out of my own pocket and found out the spore count was more than 3 times the acceptable levels for safety, I have not moved in yet and want to get my money back and cancel the lease, I live in Alabama can you help advise?

  5. I have detected mold and sulfa in my rental home and the landlord refuses to fix thing that goes wrong when I am so sick from this he’s never fixed or kept this home up. Witnesses… Please contact me via email address provided. I’m in bad shape breathing this I’ve told him too many times I’m sick please help!

  6. From july the 5 2017.until now…i went thru a numerous of transformations….i cant even describe it….but all the photos will turn your stomache

  7. I was pregnant when I moved in and see the mold under the sink but I didn’t know anything they told me that it wasn’t but ever sense i had my child hes had a runny nose when he was young he was having major problems. Landlord refuses to fix it saying mean stuff so I went through hell now its been raining and my infant fever throwing up my eyes are itching hes threaten me.

  8. I been living mold and water damage since 2010 ! I’m seeking legal counsel! They were notified for years ! Now I have health problem !

  9. been sick for a year they knew of the problem and neglected to do anything untill now all of us are sick and we have to live in the living room the smell is so bad they do not have professionals we have samples and pictures they are treating us badly

  10. My son moved out of a rental house that the bathroom floor rotted away from black mold due to a bathtub leak that took the owners some time to fix; he has suffered strange illnesses and has was hospitalized last month. What can be done? The house was inspected last August and December and the repair to the bathroom tub was done in September and the rotting floor was not repaired until end of April when the left him in a house without a bathroom for 4 days without putting him up somewhere. He ended driving 6 hours to come home because the rental office was closed and there was no where for him to stay. He was told by the workmen on the friday evening as he was packing to come home that the bathroom would be done by sunday; he returned sunday night to still no bathroom. He has suffered financially and emotionally along with his health. Please advise me what can be done. We notified the rental agency in August of the problems and notified the city inspector as well.

  11. Why is there no Legal help for Mold anymore ? I got 3 weeks in a motel and my security deposit back 16 years I lived there ten years into it and they won’t fix the leaking I’m on section 8 housing my Drs can’t figure out what’s wrong with me told me to file for disability it’s fibromyalgia. 2 1/2 years later my hearing comes up and so does this mushroom cluster in my kitchen cupboards. It’s a toxic fungus along with another toxic fungus and stachybotrys I begged somebody to help me I got the money I got a mold inspector and I wasn’t ready for the results heavy live colonies of three of these different kind of Airborne mold Section 8 housing told me to shut up about it 2 years ago and not to call code enforcement nobody would help me when the mushrooms grew out 2 years later I have no choice but to call code enforcement and guess what now I’m homeless I am homeless because I blew the whistle on my landlord’s my slumlords I’m homeless because there are no units available for Section 8 housing even though I already have a voucher they’re ignoring me they want me to shut up and walk away they want to just cover it up and I’m not doing it I’m homeless I’m disabled if mold poisoning I have mold in my blood this is so wrong my doctors don’t know about neurotoxin world I look like a crazy person but with the help of the internet YouTube Google I learned and I’m getting tired of fighting thank you for listening Lori anyone has any comments any help please call 714-589-0698 California

  12. I have lived in my apartment for over 2 years now, after about 6 months of living there we got a leak in the roof that was pouring water into my daughter’s bed room. They claimed to fix the leak and for a little while it seemed to work, however the leak came back and was suppose to be fix. This past month the leak came back, it was in the bedroom, the hallway and the bathroom, which had also been in those places before then as well. The landlord was aware of these leaks but did not have them fixed right. Before moving us to another apartment we had to live here with the ceiling fallen in and black mold growing all on the ceiling. My daughter who is 8 months pregnant had to be hospitalized for respiratory problems and at this time remains in the hospital. I would like to know if I have a case against them for neglect.

  13. My wife, 7 year old daughter, 3 month old son and myself are dealing with mold in our town home right now in Longmont CO and are seeking help on any way. We have all been sick and going to the doctors because of black mold in our house and I do have lab results from the mold samples i took yet the property management doesn’t care. Can anyone help pointing us in the direction of a lawyer that is not over priced as we are low on finances because of this.
    Thanks.

  14. We live in Mobile, AL and we have mold in our rental and there isn’t a lawyer we can find to help us. What are our options? The real estate landlord only had the owners fix one part of the mold problem and just sprayed the other parts. We want out of this place and only ask for last months rent, deposit and maybe moving expenses and especially get out of this place. These people refuse to fix anything that is wrong in this house. We have been ill since August.

  15. Wow! I see I’m not the only one being ignored. I moved into my quaint little country style manufactured home in Dec 2012. I was working at a GA prison as a correctional officer which was my career goal. I loved what I did for the most part, it had its bad times of course. Lol. By August 2013 , I began getting fatigued, migraines, respiratory problems and both my youngest & myself were continuously getting skin rashes ,hives, itching, and severe skin inflammation. In 2014, I was diagnosed with Bursitis when I woke up one morning in excruciating pain and couldn’t walk for 2 days. Soon after, diagnosed with Fibromyalgia. And the list continues with the ailments and mental health diagnosis. I was wrongfully evicted 2/2017, homeless for 6 months before getting housing assistance. The landlord knew the doctors, court staff, and judge in the small town where I was located. So I was ignored and neglected to fend for myself and my kids. When I told the housing dept about the mold, they talked over it. When I told the doctors, they skipped over it too. I called the local health dept to find out about getting the inspector to evaluate the property and go figure , he works in the courthouse. No point in calling there. At the eviction hearing, the landlord plainly stated that he needed me off the property because he couldn’t afford to make the repairs. I explained to the judge how I lost my job due to health issues which I believed were caused by the mold and that I had always paid my rent except this 1 month and the landlord agreed and said I was a great tenant. He just has to show the bank that nobody lives in the home. The prison job is probably at fault as well for the asbestos that was in the area I worked in but I’m sure they’ll get out of it too. DOL completely ignored me about the harrassment, bullying, conditions, nonaccomidating and mental stress they did too. Before the multiple leaks, mold saturated rental home and the moldy, dusty, asbestos work conditions I was athletic, active, loved being outside, loved to drive, and play sports with my boys. My health both mentally and physically are gone, my life has completely changed.

  16. My family and I moved into a rental property June of 2017 that we were accepted for. When we looked at the property, the “landlord” didn’t get out of his to show the place. He gave us the keys said go look at it and let me know. When we looked inside, there was alot of issues wrong including the bathroom floor has previous water damage as so did the upstairs. As I always do I took pictures of all the problems since landlord didn’t do a walk through with us. As time went by I noticed and smelled mold in downstairs bathroom. In November my husband was getting sick alot and taking over the counter medicines to help clear him up. With his profession, we should have looked at what was contained in the medications before taking them. After missing work so much for being sick, his job called him in and wanted him to do random drug test. My husband called me and wanted me to check what was contained in the medictions before testing. So u looked up Benadryl and unisom that he was taking. These two medications concluded that they will test a false positive test. Even though he informed his boss of this, D.O.T would not accept a false positive test, and he would lose his CDL for 2yrs. So he had to quit his job to prevent losing his CDL. To make a long story short, in Dec 2017, I only paid partial rent. The landlord had some guy, not a contractor, redo downstairs bathroom. The carpet in hallway coming from bathroom was soaked from water leak in the bathroom, but the guy left it. So my husband tore out the hall carpet, so we are now exposed to the mold under the foam padding. My landlord says, One thing at a time . So now it’s Jan 2018, I still haven’t paid rent, and we have been served with an eviction! I am contesting it with 3day notice is defective cause of late fees added, but in the meantime, mold is still in our home. And there is a 2yr old child here as well having to deal with the mold also. I don’t no what else to do but I guess wait for the eviction process then look into suing the landlord . I am open to any suggestions!!

  17. I too have suffered her herrific health issues due to mold.
    Really think people should band together and make a big deal out of it because it’s killing people it killed my dog. Contact me for information regarding a good attorney 9496079295

  18. Please help I live in Sarasota Florida I built and bought my own Habitat for Humanity home it’s only 2 and a 1/2 years old built from the ground up I found out that the AC unit was a split many it’s not sufficient to cool the inside of the house my husband and I and our children have been getting sec now for over a year we’re having abnormal blood tests rashes fevers I started finding this pink stop all over the house even in our couch no one will help us… Our AC unit leaks into the attic a year after we lived here my entire ceiling was most they told us they were just dry….. We’ve called motivate ment companies they do not test for pink mode because its on amoled now we are looking to Maybe retain a lawyer.. We really don’t know what else to do.. Please help

  19. What are my rights? After 18 months of dealing with mold and fixing our house to sell. I had brain surgery, they kept looking for causes including cancer and molds. Needless it’s been hell. We were initially hit by Hurricane Matthew Oct. 2016 and it’s went straight down hill from there. If any info is needed please contact me.

  20. Thanks so much for spreading the word about the new International Society for Environmentally Acquired Illness. And for all the other great tips – extremely helpful advice.

  21. Help please, I have mold and leaking water issues. I have reported it both the landlord and the city inspector both have found ways to ignore my complaints.

  22. I’m Looking for a lawyer in Illinois. I have doctor bills and notes for my kids. But I’m having a hard time finding a lawyer in Illinois. My 12 yr old son is doing better since we got out of the home. But my 6 yr old is still effected by the black mold. One of my doctor notes states that.

  23. hello i have had mold in my home for four moths landlord just starting to fix things but im very sick now and i pregnant should i hire a lawyer can i sue my landlord

  24. I live in linwood pa have mold in my apartment that I also get a rent subsidy with …
    The state / fed program knows about mold the town ship but no one has done any thing not even remove me knowing I have no immune system& copd.
    Any one know a good lawyer ?
    I have test results on mold my furniture is ruint I’m sick and I shoushould just go away,?
    No way

  25. I have been exposed to toxic mold on my job site. I got extremely ill, I have a rash and my wife has not been able to breathe and now is on a nebulizer. We worked as property managers and the house came with the job. We had to move and became homeless. We are still recovering from it. We live in Oklahoma and although their are federal laws unfortunately there are no state laws . We need to know if any one can recommend a attorney in this state ? She has been renting these run down slum properties for years and has very good attorneys to protect her. Do we have any rights ? Many of the tenants are also ill with lung problems and rashes.

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