If mold develops in your apartment as a result of your landlord’s poor maintenance, and you can prove it has significantly affected your health, you might be able to file a personal injury lawsuit against your landlord. These are very real concerns, and unfortunately the law falls far short of adequately addressing renters’ concerns with mold growth in their homes. Furthermore, many types of mold found in a house or apartment are harmless. Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. It usually occurs when a structure has water problems or leaks, including broken or improperly installed plumbing, flooding, foundation or roof leaks, and other water intrusions. What Is Mold? Pam Walsh has black mold growing along the bottom of the walls in her apartment, which she's rented the past five years. An example of this would be if your landlord sees any mold growth in your apartment, or smells the scent of mold, then your landlord must fix the mold as well as the problem causing the growth of the mold. The most common toxic mold encountered in lawsuits is Stachybotrys (pronounced "Stack-ee-boa-trus"), or sometimes referred to as "black mold". Mold is also linked to asthma and other respiratory problems. Under California law: for dealing with mold within apartments unless it was caused by the condo association's negligence. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. In a 2015 KPBS and Voice of San Diego ... Karina Villanueva gives a tour of her apartment, which is … While most states don't offer specific protection for renters of mold-infested properties, you may be able to break your lease based on state laws requiring your landlord to provide you with a habitable apartment. Jonathan Leonard said he paid a mold remediation company $300 to evaluate his apartment in August. Mold Lawsuit Settlements. For example, under California’s "Toxic Mold Protection Act of 2001," the Department of Health Care Services (DHCS) sets mold regulations in the state. If mold is a problem in your apartment, you usually can see or smell it, and it may cause you or fellow renters to become ill. Penicillin, for instance, is derived from mold. Successfully suing an apartment complex requires knowledge of landlord-tenant laws and proof of a violation. Toxic mold can trigger terrible health problems in residents and potentially cost a landlord millions of dollars in lawsuits from affected tenants. It’s common for mold to grow in households around the world and its growth indicates there is a moisture problem. We focus on lawsuits on behalf of tenants living in apartments, condominiums, duplexes, and single family homes against landlords. That mold usually appears as clusters of black dots in places like walls and ceilings or underneath sinks. If you do think you have mold, there are many at-home mold testing kits available. One California lawyer says he has more than 1,000 mold-related lawsuits in development; ... (Del. Occasionally, nasty black mold builds up in her bathroom because the air vent is busted. 2001). The employee told Leafty there was no mold in the apartment. Tenants at Barbour Garden Apartments in Hartford experienced unsafe conditions, including mold, mice and leaky ceilings. Leafty and her family continued to live in the apartment. Mold regulations have been developed in states like Texas, California, Maryland, New Jersey, and Indiana. Brendan B. Lupin, (right) and Jerry I. Meyers, attorneys at Meyers Evans Lupin and Unatin, LLC, talk about a lawsuit they filed against UPMC and Paris Cleaners surrounding the fatal mold … According to the new lawsuit, for the past two years, "mold, specifically Alternaria and Cladosporium," was found in Wamesit apartments and "is growing because humid … "It doesn't matter how often I clean it off, it comes right back," said Walsh. A year and a half into the litigation, the insurance company notified the board that it was dropping out, and demanded that the board refer the case to its own attorney. Lair believes mold in her apartment killed her daughter. Mold prospers in warm, damp places, and is an environmental hazard. The source or cause of the mold growth can be determined by the living conditions and needs to be fixed or addressed to ensure no more mold growth or future mold growth occurs. When a serious conflict arises between an apartment resident and the landlord or management company, a lawsuit may be the only way to enforce a tenant's rights. Contamination with toxic black mold is often severe. Many tenants report respiratory problems resulting from mold and mold allergies. I bagged the stuff up and am unsure how to got about cleaning everything from closet. Tawana Myers lives in a 10th-floor public housing apartment with her Yorkie, Casey, a row of silver oxygen tanks, a “No Smoking” sign on her door and a nebulizer with a mask in case her asthma acts up. Black mold on corner walls. Not all greenish-black molds are Stachybotrys chartarum. If you own a rental property, you should take mold seriously. Mold in Apartment. The basics of toxic black mold. Sixty-eight residents claim toxic mold made them sick. Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. In recent years, mold has become a known issue. Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. The Coventry apartment complex in Bakersfield, Calif., is now the target of a lawsuit. We are recognized for our success in bringing toxic mold cases on behalf of individuals who are injured or damaged by mold. While this is warranted in certain situations, many times some mold is okay or even desired. Mold was even found on some handbags that were in the closet up against the back of closet. Whether a mold produces mycotoxins depends on what the mold is growing on and conditions such as temperature, pH, humidity or other factors. Black mold plagues New Orleans East apartment complex. But the black spot grew, according to the lawsuit, and she continued to be ill. Secondhand Smoke in Apartment Buildings; Mold growth is common in the Pacific Northwest and extremely troubling. One particularly notable outcome is a November 2001 jury verdict of $2.7 million for a family of 3 living in a mold-contaminated apartment. Tenants say owners are ignoring poor living conditions, file lawsuit Some strains of Stachybotrys chartarum may produce mycotoxins. We also pursue claims by condominium unit owners against condominium associations, neighboring units, property managers, and insurance companies who are responsible for our clients’ water and mold damage in the unit as well as illnesses related to exposure … When the board refused, the insurance company filed a lawsuit against the condo association.