Getting Through Your Divorce and on With Your Life

Can You Sue Your Landlord For Mold-Related Health Problems?

13 March 2015

Celina Henry

Does your apartment or rental home have mold? Have you told your landlord and been ignored? It is not healthy to live with mold. Mold of any kind can cause allergies and sinus issues in some people. Some types of mold, such as toxic black mold, can cause severe health problems, and can even be deadly to humans and pets in very bad cases. It is the responsibility of the landlord to maintain the property in a liveable condition. Obviously, a mold problem can make a residence unsafe to live in, depending on the extent of the issue.

If your landlord knows about your mold problem and has done nothing about it, can you sue? It depends on the circumstances. Here's what you need to know about landlords, mold, and personal injury lawsuits.

1. Your Health Problem Is Significant and Definitely Caused By the Mold

If the mold causes significant health problems for you or someone else in your house, you can contact a personal injury lawyer and initiate a lawsuit. The health problems caused by the mold may be either acute or chronic. The main thing is that it must be more than just an annoyance, and must definitely be caused by the mold.

You will need an affidavit from your doctor indicating the health problem was caused by mold exposure. In rare cases, your doctor may need to testify on your behalf in court. The severity of your health problems will also need to be discussed, as this will have an impact on how much compensation, if any, you may be awarded.

2. You Can Prove Your Landlord Was Negligent In Failing to Address the Mold

You can sue your landlord for the mold in your residence if you can prove your landlord knew about the problem and purposefully did nothing about it. In order to prove this, you should keep copies of all correspondence you have sent to or exchanged with your landlord regarding the problem.

Without copies of the correspondence, there is no proof that your landlord knew about the problem. In order to sue, there must be clear proof that you told the landlord about the mold problem. If your landlord sent you a written acknowledgement of the problem and did nothing, or just ignored you, you will have documented proof of this.

You should also take date-stamped photos of the mold. These can be compared to the dates on the correspondence to show that the mold remained in the residence after the landlord knew it was there. If the mold is still there when you go to court, take a photo to show the judge that the mold is still an ongoing problem.

3. The Mold Is Considered Harmful

Your personal injury attorney will have the mold tested for toxicity during your lawsuit. This will prove that the mold is a serious health threat, and will help support your lawsuit in court. According to MoldBlogger.com, airborne mold is considered to be more dangerous to the health of humans and pets than non-airborne mold.

Mold that is growing inside the house is considered more harmful than outdoor mold. There are also certain species of mold that are more toxic than others. If the mold is proven to be a health hazard and your landlord has done nothing to address it, you have a valid case against your landlord.

Conclusion

Mold can be a bigger danger to you, your family, and your pets than you ever imagined. If you or someone in your house has been injured by the presence of toxic mold and your landlord knows about the problem and will not fix it, you can sue. Contact a personal injury attorney today to discuss your case and get the litigation process started.

If you want more information about personal injury attorneys in your area, click here to check it out. 

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