Florida law does not specifically regulate a landlord’s duty to their tenants regarding mold. Florida mold laws do not clearly assign liability to the landlord when it comes to mold prevention and remediation.
Mold is a widespread problem in residential dwellings. Mold growth in homes is often caused by leaking roofs or burst pipes. Various materials such as drywall, carpeting, ceiling tiles, and the like can be the site of mold infestation. Mold can cause property damage and negative health effects for people who live in homes where there are infestations.
Indoor exposure to mold can cause the following symptoms:
- Allergic reactions
- Respiratory symptoms, especially in people with asthma
- Lung damage in people with immune suppression
- The development of asthma in children.
Tenants who believe they have experienced mold damage because there is a high concentration of mold in their rental unit may file a personal injury claim seeking damages from their landlord. If a judge or jury agrees that the harm the tenant experienced was the direct result of the landlord’s negligence in creating a mold infestation or failing to remediate one, they might hold the landlord liable. A tenant has other options as well, as specified below.
A tenant is not helped by the fact that there are no statutes or regulations in Florida that require landlords to disclose high concentrations of mold in their rental units to prospective tenants or buyers. Federal law also does not help on this score. It does not impose any duties on landlords regarding mold.
How Long Does My Landlord Have To Fix a Mold Problem?
Courts have recognized a few legal self-help strategies that tenants may use to address mold problems in their rental homes in Florida. Withholding rent is when tenants withhold money from their rent payments in order to pay for the repair of a mold problem in their rental unit. Their right to do this is based on the fact that every written lease for residential rental property contains an implied warranty of habitability.
This means that a landlord is legally obligated to provide a tenant with a rental home in which they can live in a clean and safe manner. This obligation includes the responsibility for addressing mold issues when they are notified of their existence. A tenant has a corresponding duty to notify their landlord promptly of any mold problems they find in their unit.
Florida law does not set a specific period of time within which a landlord must address a tenant’s mold problem, but generally, a landlord is expected to remediate a mold problem within a reasonable period of time once they have been notified by the tenant. What is reasonable would depend on the exact circumstances and such factors as the severity of the mold problem, the terms of the lease and what must be done to address the problem.
Landlords should promptly identify and address any mold issues of which they are notified by their tenant. They should also conduct regular inspections to detect the presence of mold and take appropriate actions to remove it if it is discovered.
Both landlords and tenants need to recognize that it takes a professional who is trained in mold inspection and testing to properly identify a mold problem. The extent and type of mold must be determined.
In some cases, a tenant may have to relocate while remediation of a mold problem is in progress. If this becomes necessary, the landlord should provide suitable alternative housing until the remediation is complete. Tenants may be entitled to a rent reduction or reimbursement for any expenses they incur because of the mold problem.
Another option is for the tenant to contact their local city or county health department or code enforcement agency to report the mold problem. They may have the authority to conduct an inspection and issue citations to the landlord if that is called for.
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How Do I Sue My Landlord for Mold?
If a landlord fails to address a tenant’s mold issue after having been properly notified and having had a reasonable amount of time in which to respond, a tenant would want to consult a local attorney in Florida before proceeding with a lawsuit or other legal action.
Another option a tenant has is to move out, even if their lease has not come to an end. They would be able to argue that the rental unit is uninhabitable because of mold infestation, so they have a right to break the lease and seek housing elsewhere.
A tenant could also sue the landlord for money damages. A tenant could claim that the landlord breached the lease and the implied warranty of habitability. A tenant would want to try to recover the full cost of mold remediation and any other economic losses they may have suffered that are related to the mold infestation.
A tenant might withhold rent on the grounds that they need to fund mold remediation. Before doing this, they want to ask a lawyer about certain issues. They want to make sure that the situation in their unit justifies them in not paying their full rent and that they comply with all state and local legal requirements for rent withholding. Some cities and counties in Florida have local regulations that would apply to this action.
Specifically, they would want to ask for legal advice regarding the following:
- The type of habitability issue that justifies withholding of rent
- How much notice must be provided to the landlord
- The amount of time the landlord must be given to fix the problem before a tenant can withhold rent
- Any limits on how much rent may be withheld
- Any other conditions that apply before a tenant may resort to rent withholding and whether the tenant must deposit rent that is withheld into an escrow account.
It is important for a tenant to keep complete and detailed records of all relevant communication between themselves and their landlord and any others involved, e.g., a professional mold remediation company. This would include all notices and repair bills. When a tenant gives notice of a mold infestation to a landlord, it should be in writing.
If a tenant experiences negative health consequences, they should go to a doctor and be sure that the effects on their health are documented in their medical records. This would be true for every member of the household who is affected.
How Much Can I Recover From My Landlord for My Mold Injury?
Of course, how much a tenant could recover from their landlord for their mold injury would depend on many factors, of course. One factor would be whether they file a lawsuit for personal injury or whether they file a lawsuit for breach of their lease agreement.
Generally, however, in a lawsuit, a tenant could recover the cost of mold remediation if they have to pay that expense. If they incur a cost for repair of their unit, e.g., replacing drywall, compensation for that cost could be recovered. If a tenant has to live elsewhere while mold remediation is in progress, they could probably recover compensation for that cost.
If a tenant files a personal injury lawsuit against the landlord for negligence because they suffered negative health effects, they would be able to claim compensation for economic and non-economic damage. Economic damage would include the cost of all necessary medical treatment, lost wages, rehabilitation, and future losses as well. A tenant might also recover non-economic damages such as pain and suffering.
Can I Refuse To Pay Rent if There Is Mold in My Apartment?
As noted above, withholding rent is an option that a tenant may have, but they would want to seek legal advice to make sure that they follow the correct procedures as specified in all applicable local and state regulations.
Do I Need To Hire a Lawyer for a Mold Lawsuit?
If you live in a rental unit that has a mold problem, you want to consult a Florida landlord-tenant lawyer. LegalMatch.com can connect you to an experienced lawyer who can review your lease and the facts of your situation. They can guide you in responding to the mold infestation and help you determine which solution is best for you and can provide you with the solution you need.
