Mold is an environmental danger that causes worry and anxiety among individuals who rent properties. Across the United States, there have been tenants that have won multi-million dollar cases against their landlords for significant health problems they suffered because of exposure to the toxic mold in their building.
Such health problems may include:
- Rashes;
- Chronic fatigue;
- Nausea;
- Cognitive losses;
- Hemorrhaging; and
- Asthma.
There are numerous ways an individual may be able to recover for toxic mold claims. How an individual can recover damages will depend on whether the individual is suing their:
- Insurance company;
- Landlord;
- Contractor; or
- Toxic mold inspector.
The majority of lawsuits involving toxic mold are for things such as:
- Improper appraisal: If a homeowner specifically hired an appraiser or specialist to determine whether a home had a toxic mold issue and the inspector or specialist made a mistake, the injured party may be able to hold the inspector or specialist liable for damages;
- Breach of contract: If an injured party can demonstrate that improperly supervised construction was a significant factor that caused the development of toxic mold, the injured party may be able to sue the contractor for damages;
- Breach of duty of good faith and fair dealing: If an insurance company fails to make good faith efforts to remedy or pay for an insured’s toxic mold issue after it was documented, or if the insurance company mishandled a claim that caused further health injuries, the insurance company may be liable for damages;
- Fraud and unconscionable action: If an insurance company lied or engaged in fraud when examining a property before or after toxic mold issues arose, the injured party may recover damages from the insurance company;
- Violation of implied warranty of habitability: A landlord is required to make their property livable under the implied warranty of habitability. If a landlord does not fix a toxic mold issue, a tenant can sue the landlord for living expenses and other costs associated with the rental being unlivable; and
- Negligence: Landlords, contractors, and home builders typically have a duty to inspect for mold and notify residents of any mold problems. They may also have a duty to fix toxic mold problems. If one of these parties owed an individual these duties failed to satisfy them, they may be able to sue them for negligence and recover damages for their injuries.
A personal injury attorney can help an individual determine which type of claim may apply to their situation.
What About Where Mold Is Found?
Mold is a substance that comes in different shapes and colors. The most harmful types of mold are gray, green, white, or black and have names such as:
- Stachybotrys;
- Penicillium;
- Aspergillus;
- Paecilomyces; and
- Fusarium.
Some types of mold are glossy and others are granular. Certain types of mold smell and look awful and others are hardly seen because they are concealed between the walls, underneath the floors or ceilings, or are in less accessible spots, for example, lofts and cellars.
Mold typically grows on water-soaked fabrics, including paint, wall paneling, ceiling tiles, newspapers, or cardboard boxes. Humidity can provide an excellent growing prerequisite for mold.
Buildings that are located in humid climates such as California, Texas, and the Southern United States have more mold issues than residences that are located in drier climates. No matter the climate, however, mold can grow as long as moisture is present.
What about Mold Issues between Landlords and Tenants?
A landlord has to ensure proper living conditions for their tenants. This includes having the premises free from mold contamination.
If an individual is a tenant and has seen any mold in their rented premises, the landlord is required to have the mold removed and to pay for the removal. A landlord who fails to make their property free from mold contamination may be sued by the tenant.
Under landlord-tenant law, a landlord does not have to deliver or pay for mold contamination testing. The burden of providing evidence of mold is on the tenant.
If there is evidence of mold contamination, the landlord may have been neglecting their responsibilities. The tenant may be able to recover expenses related to gathering proof and damages for any injuries that they have suffered.
What Is a Landlord’s Duty to Maintain Habitable Premises Involving Mold?
Even if an individual’s city or state does not have specific mold regulations, an individual’s landlord may still be accountable for a mold issue in their rental property because of a landlord’s duty to provide safe and occupiable housing.
Depending on the circumstances of the case, state laws may provide alternatives, which may include rent withholding if an individual’s landlord fails to repair a severe mold issue. An individual may also be able to file a lawsuit for mold-related health problems.
What About Mold Caused by a Landlord’s Failure to Repair Leaks?
In every state but Arkansas, a landlord is liable for preserving fit and livable housing as well as repairing the rental property. This includes fixing leaking pipes, roofs, and windows, the common causes of most mold issues.
If a landlord does not fix leaks and mold grows, an individual may be able to hold the landlord accountable if they can show the court that the mold caused a health issue.
What About Mold Caused by Tenant Behavior?
Liability for mold may shift if mold grew because of tenant behavior. Keeping a property tightly shut, creating high humidity, or failing to clean as required.
A tenant does have some obligations to maintain their rental property. This means that the landlord will not be liable if the tenant’s injury was caused by their own negligence.
In order to avoid causing mold issues, a tenant should practice sound housekeeping, for example, ventilating their apartment.
What Are Mold Clauses in Leases?
There are some landlords that include clauses in their leases that claim to alleviate them from any liability that results from mold growth. There has been at least one court in Tennessee that declined to enforce this type of clause because it would be against public policy.
Other cases from other parts of the country will provide more guidance in this area as mold litigation proceeds through the courts. There are some states that require a landlord to reveal facts about mold to their tenants.
A smart landlord will attempt to control the conditions that lead to mold growth and a tenant should help with this effort. This requires keeping the property’s structural integrity, such as the windows, plumbing, and ceiling, which is the landlord’s responsibility.
An individual can help by stopping any mold issues in their residence and by notifying their landlord of any situations that require attention.
What About Home Buyers and Sellers?
Home buyers have the privilege of knowing whether the home they plan to purchase has any issues with mold contamination. If mold contamination was present but was removed, the seller may not be required to reveal that fact.
However, if there is any current mold contamination in a home, the seller will be required to disclose this fact to any prospective home buyers.
What About Mold Issues with Employers and Employees?
An employer has to ensure that their workplace is fit for their employees to work in. This includes ensuring that there is acceptable indoor air quality.
If the air quality of the workplace was compromised because of mold contamination, a worker may be entitled to recover damages for illnesses they suffered as a result of the mold.
What Kind of Damages Can I Seek in a Toxic Mold Claim?
Mold has been linked to numerous different types of injuries and damages, including:
- Medical expenses incurred on sicknesses due to mold contamination;
- Pain, distress, and suffering;
- Damages for lost wages;
- Loss of earning capacity; and
- Damages resulting from the loss of companionship, comfort, and financial losses in case of a death resulting from an illness that was caused by mold contamination.
An individual may also be able to recover damages for the destruction of property that resulted from mold contamination. In particularly egregious cases of neglect, an individual may also be able to recover punitive damages.
Should I Consult a Lawyer about My Toxic Mold Issues?
If you believe you have suffered an injury or illness as a result of toxic mold exposure, it is important to consult with a class action lawyer. These types of claims can be difficult to prove and often require expert testimony.
Your lawyer can help you form a legal strategy, file any required paperwork, and represent you during court appearances.
