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.

15 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.

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