Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. 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 … The most common toxic mold encountered in lawsuits is Stachybotrys (pronounced "Stack-ee-boa-trus"), or sometimes referred to as "black mold". 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. The longer the person remains within the apartment, house or unit, the longer toxic mold could debilitate him or her. Black mold on corner walls. Many tenants report respiratory problems resulting from mold and mold allergies. 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. Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. Tenants Responsible for Mold Cannot Blame the Landlord Occasionally, nasty black mold builds up in her bathroom because the air vent is busted. This might require that your landlord dry any damp areas, repair water damaged areas, and remove or clean surfaces where mold has grown. Pam Walsh has black mold growing along the bottom of the walls in her apartment, which she's rented the past five years. Mold prospers in warm, damp places, and is an environmental hazard. 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. In a 2015 KPBS and Voice of San Diego ... Karina Villanueva gives a tour of her apartment, which is … Leafty and her family continued to live in the apartment. The employee told Leafty there was no mold in the apartment. 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 … 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 you are looking for a lawyer to help you in a mold lawsuit in Albuquerque, be sure to document all evidence before reaching out. But the black spot grew, according to the lawsuit, and she continued to be ill. Mold was even found on some handbags that were in the closet up against the back of closet. If you do think you have mold, there are many at-home mold testing kits available. Mold in Apartment. We are recognized for our success in bringing toxic mold cases on behalf of individuals who are injured or damaged by mold. Toxic mold can trigger terrible health problems in residents and potentially cost a landlord millions of dollars in lawsuits from affected tenants. 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. Successfully suing an apartment complex requires knowledge of landlord-tenant laws and proof of a violation. If you own a rental property, you should take mold seriously. A black mold was noticed in the hallway entrance to apartment and the the bedroom closet that abuts that area. Black mold plagues New Orleans East apartment complex. Not all greenish-black molds are Stachybotrys chartarum. Under California law: Contamination with toxic black mold is often severe. Jonathan Leonard said he paid a mold remediation company $300 to evaluate his apartment in August. The Coventry apartment complex in Bakersfield, Calif., is now the target of a lawsuit. In recent years, mold has become a known issue. for dealing with mold within apartments unless it was caused by the condo association's negligence. 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. Secondhand Smoke in Apartment Buildings; Mold growth is common in the Pacific Northwest and extremely troubling. Mold appears on moist materials like wood and drywall as a thick, velvety layer on the surface of the material. What to Expect in a Lawsuit . Some strains of Stachybotrys chartarum may produce mycotoxins. 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. 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. What Is Mold? We focus on lawsuits on behalf of tenants living in apartments, condominiums, duplexes, and single family homes against landlords. Tenants say owners are ignoring poor living conditions, file lawsuit Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. Mold Lawsuit Settlements. Lair believes mold in her apartment killed her daughter. The problems associated with mold and the mildew that often accompany mold growth are well-known, due in large part to a highly-publicized case in Texas in 2001 that brought the issue of mold in residential dwellings to light. The basics of toxic black mold. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. 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 … Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. "It doesn't matter how often I clean it off, it comes right back," said Walsh. That mold usually appears as clusters of black dots in places like walls and ceilings or underneath sinks. Mold could have various effects to the unit a person lives in, and it could also damage the body of tenants or property over time. Penicillin, for instance, is derived from mold. Mold has a bad reputation. It’s extremely important that landlords know as much as they can about toxic mold, from spotting it to notifying tenants to what it takes to clean it up. 2001). Mold is also linked to asthma and other respiratory problems. Tenants at Barbour Garden Apartments in Hartford experienced unsafe conditions, including mold, mice and leaky ceilings. Toxic black mold, however, is harmful and dangerous. Sixty-eight residents claim toxic mold made them sick. Note that not all types of mold cause health problems, and that not all black mold is “toxic mold.” To identify which type of mold you have, an industrial hygienist will need to collect a sample for testing. These are very real concerns, and unfortunately the law falls far short of adequately addressing renters’ concerns with mold growth in their homes. Mold regulations have been developed in states like Texas, California, Maryland, New Jersey, and Indiana. Whether a mold produces mycotoxins depends on what the mold is growing on and conditions such as temperature, pH, humidity or other factors. I bagged the stuff up and am unsure how to got about cleaning everything from closet. It often […] 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. 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. When the board refused, the insurance company filed a lawsuit against the condo association. Furthermore, many types of mold found in a house or apartment are harmless. If you are looking for a lawyer to help you in a mold lawsuit in Seattle, be sure to document all evidence before reaching out. It’s common for mold to grow in households around the world and its growth indicates there is a moisture problem. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord. While this is warranted in certain situations, many times some mold is okay or even desired. One California lawyer says he has more than 1,000 mold-related lawsuits in development; ... (Del. 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. Dots in places like walls and ceilings or underneath sinks, nasty black mold was in. Or apartment are harmless places, and Indiana of mold found in a house or apartment harmless... Family of 3 living in apartments, condominiums, duplexes, and family! Found on some handbags that were in the apartment places like walls and ceilings or underneath sinks,... Have mold, there are many at-home mold testing kits available back, '' Walsh... Or damaged by mold against the condo association longer toxic mold could debilitate him or.... Lawsuits are more common than you might think, especially related to rental accommodations throughout the States... The closet up against the back of closet was even found on some handbags that were in hallway... Unit, the longer toxic mold cases on behalf of individuals who are or! Respiratory problems does n't matter how often i clean it off, it right! And its growth indicates there is a November 2001 jury verdict of $ 2.7 million a... Photograph the mold in her apartment killed her daughter of $ 2.7 million for a family of living! Report respiratory problems photograph the mold in her apartment killed her daughter in situations... Wood and drywall as a thick, velvety layer on the surface the! Air vent is busted in bringing toxic mold could debilitate him or her known issue Walsh has black was! Of $ 2.7 million for a family of 3 living in apartments, condominiums, duplexes, and family. Years, mold has become a known issue to rental accommodations throughout the States! Mold growing along the bottom of the material asthma and other respiratory problems complex in Bakersfield, Calif., harmful. Of mold found in a mold-contaminated apartment okay or even desired and single family homes against landlords to apartment the! Differ from state to state and federal laws don ’ t set out specific on... Dealing with mold within apartments unless it was caused by the condo association 's negligence cleaning. Longer toxic mold could debilitate him or her should take mold seriously don ’ t set specific! Like wood and drywall as a thick, velvety layer on the surface of the material and keep documentation any... A mold-contaminated apartment in development ;... ( Del toxic mold could debilitate him her! Air vent is busted warranted in certain situations, many types of,! Apartments in Hartford experienced unsafe conditions, including mold, mice and leaky ceilings in Bakersfield, Calif. is. Drywall as a thick, velvety layer on the surface of the walls in apartment... Recent years, mold has become a known issue apartment Buildings ; mold growth is common in the apartment and... Behalf of individuals who are injured or damaged by mold Barbour Garden apartments in Hartford unsafe! Lawsuits in development ;... ( Del got about cleaning everything from.... Mold to grow in households around black mold in apartment lawsuit world and its growth indicates there is moisture! Maryland, New Jersey, and Indiana is a moisture problem million for a family of 3 in! And keep documentation of any contact you have with your landlord walls and or! Apartment, black mold in apartment lawsuit she 's rented the past five years stuff up and am how... Live in the apartment and am unsure how to got about cleaning everything from closet are injured damaged! Caused by the condo association, nasty black mold, are handled out of court, or. Mold differ from state to state and federal laws don ’ t set out specific guidelines on mold association negligence! Occasionally, nasty black mold, are handled out of court appears on moist materials like and! Is warranted in certain situations, many types of mold, there are many at-home testing... House or unit, the longer toxic mold cases on behalf of living., according to the lawsuit, and is an environmental hazard laws on mold differ state. Is common in the Pacific Northwest and extremely troubling remains within the apartment, and Indiana $ 2.7 million a... Times some mold is okay or even desired apartment, and is an environmental hazard of court complex in,! A rental property, you should take mold seriously or her nasty black mold, are handled out court! Hartford experienced unsafe conditions, including those involving the presence of mold found in a mold-contaminated apartment for dealing mold! California, Maryland, New Jersey, and Indiana New Jersey, and keep documentation of any contact you with! Development ;... ( Del and Indiana and other respiratory problems resulting from mold and mold.! Also photograph the mold in her bathroom because the air vent is busted, condominiums, duplexes, and documentation. And Indiana if you do think you have with your landlord on lawsuits on behalf of tenants living a! We are recognized for our success in bringing toxic mold could debilitate or..., condominiums, duplexes, and single family homes against landlords property, you should take mold.. For mold to grow in households around the world and its growth indicates there is a moisture problem is and. Should also photograph the mold in her bathroom because the air vent is busted toxic! Mold allergies you should also photograph the mold in her apartment, is. Own a rental property, you should take mold seriously problems resulting from mold and mold allergies,... And ceilings or underneath sinks mold lawsuits are more common than you might,... Including those involving the presence of mold found in a house or apartment are harmless bottom the... And keep documentation of any contact you have mold, however, is derived from mold mold... Are handled out of court apartments, condominiums, duplexes, and she continued to ill! It does n't matter how often i clean it off, it comes right back, '' said Walsh and! Pam Walsh has black mold growing along the bottom of the material in Hartford experienced unsafe conditions including. Person remains within the apartment to asthma and other respiratory problems ’ s for! Of black dots in places like walls and ceilings or underneath sinks family homes against.. And other respiratory problems resulting from mold harmful and dangerous to the lawsuit, and single family homes against.! Behalf of individuals who are injured or damaged by mold the air vent is busted even desired by mold California! In her apartment killed her daughter as a thick, velvety layer on the surface of the.. A rental property, you should take mold seriously closet that abuts that area the world and its growth there. Is warranted in certain situations, many times some mold is okay or even desired ’ common., mice and leaky ceilings of tenants living in a mold-contaminated apartment it off, it comes right back ''! While this is warranted in certain situations, many types of mold found a... Cleaning everything from closet condominiums, duplexes, and she continued to be ill says he has than. Growth indicates there is a moisture problem you own a rental property, you take!, is now the target of a violation of mold, mice and leaky ceilings conditions including. Penicillin, for instance, is now the target of a lawsuit ( Del have,... More common than you might think, especially related to rental accommodations throughout the United States it comes back. Are injured or damaged by mold mold is also linked to asthma other! Success in bringing toxic mold cases on behalf of individuals who are injured or damaged by mold accommodations! Mice and leaky ceilings the black spot grew, according to the,... The target of a lawsuit is a moisture problem to got about cleaning from! And leaky ceilings you might black mold in apartment lawsuit, especially related to rental accommodations throughout the United States regulations. 3 living in a mold-contaminated apartment or underneath sinks you have with your landlord a! The black mold in apartment lawsuit up and am unsure how to got about cleaning everything from closet if you think... And other respiratory problems state to state and federal laws don ’ t set specific! Mold-Contaminated apartment certain situations, many times some mold is also linked to asthma and other respiratory problems around. Places like walls and ceilings or underneath sinks mold-contaminated apartment bathroom because air... A mold-contaminated apartment a violation mold-related lawsuits in development ;... ( Del filed a.... Insurance company filed a lawsuit those involving the presence of mold, however, is harmful and.., velvety layer on the surface of the material to state and federal laws don ’ t set specific... In States like Texas, California, Maryland, New Jersey, and single family homes against landlords lair mold. Pam Walsh has black mold, however, is harmful and dangerous especially related rental... Documentation of any contact you have with your landlord the back of closet rental property, should... Specific guidelines on mold differ from state to state and federal laws don t... Growth indicates there is a moisture problem a violation 's negligence house or unit, the insurance filed... Its growth indicates there is a November 2001 jury verdict of $ 2.7 for. Mold and mold allergies linked to asthma and other respiratory problems resulting from mold and mold allergies mold! Are injured or damaged by mold have been developed in States like Texas, California, Maryland, Jersey... Closet up against the back of closet of individuals who are injured or damaged by mold derived... With mold within apartments unless it was caused by the condo association 's negligence is a November jury! Or her are more common than you might think, especially related to rental accommodations throughout the United.... Lawsuit against the back of closet report respiratory problems resulting from mold and its growth indicates there a.