Yes, an individual can sue their landlord for mold in the State of Florida if the landlord does not address a significant mold issue with the rental property. This is especially true in cases where the landlord was notified about the issue and the mold caused property damage or serious health issues.
It is important to note that in Florida, there are no specific laws governing landlord responsibility for mold issues, so the tenant would have to show the landlord was negligent to be successful. When a tenant has a mold issue in their unit, it is extremely important that they notify their landlord.
The best notification method is in writing so that proof can be shown at a later time that the notification was made. This may be done by letter, email, maintenance portals, or all of those.
There may also be other notification methods available, depending on the systems used by the landlord. Providing this notification gives the landlord the opportunity to remedy the mold problem.
In order for a tenant to have a successful case, they will need to show that the mold impacted their health or property. This can be done through professional mold inspections and the tenant’s medical records.
In Florida, as in many other states, there is an implied warranty of habitability. This means that a landlord has to maintain a rental unit in a habitable condition, which includes addressing any mold issues.
Even though a lawsuit may eventually be necessary in these types of cases, a tenant may be able to resolve their mold issue through other available options. These options may include negotiations between the tenant and landlord themselves, using a mediator, or going through the local health department.
If a tenant does file a lawsuit, they may be able to obtain compensatory damages. To find out more information about a tenant’s available options when they have a mold issue in their Florida rental unit, they should consult with an attorney in Florida.
Who Can Bring a Toxic Mold Lawsuit, and What Evidence Is Necessary for a Claim?
Any individual who lives in a residential rental unit in Florida can bring a toxic mold lawsuit. As previously discussed, the tenant can claim that their landlord was negligent regarding their mold issue.
In order to have a successful negligence lawsuit, the tenant will need to demonstrate that the landlord owed them a duty of care and that they breached that duty. The tenant will also need to show that the breach was the cause of their injuries or property damages.
The tenant will also need to show that they suffered economic losses due to these injuries. The tenant will need to prove that they were exposed to toxic mold in their residence, which can be challenging.
In some situations, a worker may also be able to file a complaint against their employer based on mold exposure in their workplace. To find out more information on what types of claims an individual may have, the possible ways to remedy their issue, and what compensation they can obtain, they should have a lawyer consultation.
How Do I Prove if Mold Is Making Me Sick?
If an individual thinks they are suffering from toxic mold exposure, they should seek medical care. Their doctor can conduct an examination that excludes other medical issues as the cause.
An individual can be tested to determine if they are allergic to mold through a skin prick test or a blood test. There are medications available that can help treat the symptoms of exposure, but the best course of action is to avoid the mold.
If an individual determines there is mold in their unit and they are having a reaction to it, the best choice of action is to leave the unit if they can. A toxic mold lawyer may be able to help a tenant determine the steps they should take in their particular situation.
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What Damages Can I Recover for Toxic Mold Injuries?
If a tenant has suffered from toxic mold injuries in their rental unit, there are certain damages they may be able to recover. In cases where mold is present, a Florida tenant may be able to withhold rent payments until the landlord corrects the issue.
They may also have the option of breaking their lease. It is important to note, however, that these options rely on the tenant providing the landlord with notice and giving them a reasonable opportunity to correct the mold issue, as discussed above.
In Florida, after a tenant has notified their landlord in writing of a mold issue, the landlord has seven days to begin the mold detection and remediation process. However, there are no specific laws or regulations governing what is considered a reasonable time to complete the process.
When a tenant is successful in their toxic mold claim, they may be able to recover compensatory damages that are intended to compensate them for their economic losses resulting from the mold issue, including medical bills and property loss.
The tenant may also be compensated for rent they paid and attorney’s fees. The tenant may also be able to recover for pain and suffering.
In Florida, there is a statute of limitations, or time limit, for an individual to bring a negligence lawsuit for their mold issue. This is two years from the date of the injury or the date the injury was discovered if it was a latent issue.
What Other Parties May Be Liable for Toxic Mold?
For a tenant, the only party they will be able to hold liable for toxic mold in their unit is likely the landlord. A landlord may be able to sue the seller of the building where the unit is located.
A landlord may also be able to make a claim against a contractor if their negligent work caused the mold issue. A purchaser for a residential structure may be able to sue a seller if the seller did not disclose a toxic mold issue in their residence based on intentional misrepresentation or nondisclosure.
>Do I Need an Attorney for Help With a Toxic Mold Claim?
If you think you may be suffering from toxic mold exposure in your residence in Florida, you should reach out to a Florida class action lawyer as soon as you can. Your attorney can review your issue and help you determine the best way to gather evidence, such as testing with your doctor and the compensation you may be entitled to.
If you are having mold exposure issues at your workplace, your attorney can conduct the same type of analysis. Your lawyer can also help you determine which parties may be held liable for your mold exposure damages.
These types of cases can be difficult to prove, as you can be exposed to mold nearly everywhere you go. Because of this, medical information is often very important to show the type of mold and how it has affected your health.
You can use LegalMatch to be connected to a Florida lawyer near you in as little as 15 minutes on the website. Once you submit your toxic mold issue on the website, you will get responses from member lawyers licensed in Florida in as little as 24 hours who are ready to start working on your case.
