Depending on the law where you live, landlords might have to disclose suspected mold to new or potential tenants and clean up existing mold. Many student s and teachers here are constantly sick because of our mold problem but nothing has been done to help us. Unless you just hate me and are trying to piss me off (let me know)-youve done a wonderful job of that as far as maintenance issues go=/ otherwise your fine. Need I say more. If youve been suffering from unexplained health issues, this becomes even more imperative. I was lucky to find my doctor or I would of died. what can we do???? To prepare for yoursmall claims court hearing: Are attorneys allowed in small claims court? my boyfriend said it was in a small crevasse in my shower but it was already there when i moved in. I have been living in my rented apartment for 4 months now and about two weeks after i moved in the window and wall in my bedroom began leaking due to the roof above leaking, I now have mold all over the wall and it is covering from ceiling to floor, I have contacted my property management agency on a regular basis for 3 months and absolutley nothing has been done. There is also mold growing in my bedroom closet. Please advise me what can be done legally. Come to find out the people before us had the same problem we soon found out that we had it tested and it was Black Mold and not moisture mold and know why everyone was getting sick now. But later on in talking to the prior owner of the property and a past tenant found that they knew that the property had mold ever since they purchased the home 10 years before and never disclosed to us in any way the presence of mold in the home. They explained that I would also be sued for all repairs made to the apartment, due to my negligence. Management sent a contractor over about two weeks later to look at whole complex. I have Read that my things were supposed to be placed by the road but also that I would have to be given seven days upon receipt of a certified piece of mail informing me that I had to get my things from the residence where he intern had to keep them in a safe and sheltered area free from wet additions. When we asked for mold report management refused and told us that there Lawyer said they do not have to give report and if we want one we have to pay for our own investigation. Her lungs had a beating before and now again.. boy oh boy.. Recommended Reading: How To Clean Mold Between Pavers. Also, mold on around the windows in bedrooms, which we use bleach which doesnt remove completely. My asthma doc. The third time I had to cancel because of a doctor apt. I know it had to come from the mold as she is very healthy normally and her house stays clean. Now the work for the mold is beginning. I went to the hospital the diagnosed me with Asthma, something that doesnt run in my family, I never had it no symptoms, and I have no allergies. The Court of Appeals reversed. In November, local media reported on the dismissal of a mold exposure lawsuit that Michael Pugliese, the man behind the National Treatment Centers for Environmental Disease, had filed in Georgia State Court against his own landlord. I was shocked at what he told me. We live on the 1st level and on May 14th, 2017 a water leak caused from an upstairs apartment caused water damage on the ceilings/walls and carpet in my daughters closet/bedroom and hallway. My next appointment he stretched my esophagus he said it was scarred (I do have acid reflux). He then turned to refusing our rent and moving to evict us then claiming that he would take our money but we would still have to leave and then he just flat out refused Our rent and moved to obtain a writ of eviction which was answered by myself and we were given a court date. We have financially struggled with the situation and are now being forced to move in with family to get back on our feet. The landlord was violated and came to do patchwork. Can anybody help me? These included "bowel evacuation" by eating "white rice and canned chicken white meat for 3 days" and avoiding all sugar, all gluten grains and all beans. Results show very high mold growth. If Tenant notices mold or mildew growing in the Premises, Tenant agrees to notify Landlord of the condition immediately and in writing., Ive lived in this home for several years, and have had problems with black mold. The ceiling is still not fixed. This is stated by WHO and the CDC so why can not someone help me. I figured because it was a holiday you wouldnt come by so i went to bed. The hospital also hit a nerve with one of the many tubes and IVs that were attached to me. I rented a home for a year and became very sick flu like symptoms chronic ear infections it only got worse 2 trip to the Er ect. would anyone no if same laws apply in canada regarding mold, Please help Im at my wits end Ive rented a building for going on 19 years my previous landlord has died about 7 or so years ago now his daughter runs their realty businesss there is black mold galore Im now having a health issue every other month I get an awful cough with a runny nose chest pain scratchy throat runny eyes fatigue and aches and pains back soreness dizziness and tingle feelings hands and feet there is one bathroom I have keep a door closed for about 5-6 years it is the most awful sight you will ever see the other bathroom we try and keep clean but the ceiling is so deplorable she is truly gone Devils Advocate I cannot get her go repair anything the roof was flat until 2 years ago she finally had to put a roof over the original roof due to severe leaks I own a grooming shop at this address I have been in this business for 39 years Iam do scared of losing my business it is my Livelihood I have addressed this with this person for years to no avail she had threatened me to the point Iam hopeless for example she had said if I call the health department it wouldnt matter to her because if they condemned the building she would make just as much money by plowing it down and selling the lot !!???? It was very hard on my husband. Please help this is how I make my living Iam hard working honest and love what I do but his black mc is horrendous I do believe if you seen this in person you would be APPALLED!! I feel like Im in danger living here for myself and my kids especially. He died June 18th 2009 from a fungus/mold called C.Bantiana. hi there, i have lived in my house for 3 yrs now, I have been very sick and aches and pains my son has lost 40 lbs and looks really ill well the ceiling in his old room came down and its full of black mold ,, they put new siding on our house and windows 2 yrs ago my husband told them to replace the roof before anything. From what I can see right now, a year later, the pieces of drywall, or whatever are making the ceiling, have a clear distinction on every border and one of them has become cracked and I can actually push that piece up and down. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. Instead of replacing it they rerouted it. It entire bedroom ceiling is gone and we have obvious mold. But I finally found a great law firm in Tustin, ca. Since the mold is still there, not gone, and they never cared to take the right measures, Im talking about 1000s of homes Ive seen in my short 2 year business, let alone the millions or probably hundreds of millions theyre doing this to across the country. Can you help? Damages often include medical costs, related losses (such as time off work to recover from injury), and the cost of cleanup and structural restoration. Many landlords take it upon themselves to pay for inspection, but sometimes you have to do it yourself and show them a professional report that clearly says, TOXIC BLACK MOLD FOUND HERE. They knew that. Please help. In general, you may be able to file a lawsuit against your landlord for the following reasons. The judge may even award all or part of the money to YOU. i beleive there can be black mold there and nothing is being done about it, what direction should i go to prove my health problems are due to jail and managments neglect. Mr. Barker then turn to blame myself and family for the loss of insurance coverage. I reported it, and i think someone vacuumed it and did not notice until a few weeks ago.. Its back. His insurance company is refusing to pay out and they wont even take his calls anymore. In Jan 2014, my home flooded due to my tenants leaving the outside hose connected during freezing temperatures. My son was diagnosed with a pituitary tumor that the doctors feel was brought on by the mold, also we are now getting the proper lab work done by a mold specialist doctor in Encinitas. We asked again at the end of Feburary and they sent someone to test it and test the air quality. There has been allergy test and other test and could not figure out what it was from. After 5 weeks, we had the first heavy rain of the season. Im not sure if its the mold to blame but we dont have a family history of asthma and theres not pets or anything in the house that could possibly cause it. Ive only cleaned it once-not to be unclean-but to stop from ruining it anymore-and NO I DIDNT use any cleaners, just water-cant get the dirt to go down the drain if the bath mat is there-thats where most of the paint is gone, underneath ir. All you have to do is determine whether you have a genuine case, write a demand letter to your landlord, prepare evidence, and present your case in a small claims court. The lowest was 15,000.00 The highest 19,800.00, they all took extensive pictures, the damages are unbelievable, mold and mildew every where and do to this ALL my floor joices are rotted and split. Today I had to go back to the emergency room, they said I am much worse, and have signs of pleurisy. Contact Us Visit Website View Profile. I have not had anyone to inspect this as I am just now realizing what is actually might be. I myself have been through a similar situation where I informed the landlord via a signed letter of the presence of mold, the health implications, and the states laws regarding mold in rentals. Your local rent board can help you file a complaint about the infestation. I have been running up my credit card to get by with only needed utilities, car payment, ins. My parents actually livre across the street from this house so i soon introduced myself as i saw them peeking in windows to see a house they were purchasing. Code Enforcement gave a violation and all the carpets were to be replaced, but the manager did not replace the 2 bdrms. But some molds can cause serious health problems once they get a foothold into your home or workplace, particularly "black mold." In general, the warranty of habitability requires landlords to maintain both the rental and the property as a whole so that living conditions are safe and secure. He is refusing to pay for an air quality test. Unfortunately, I have been fighting this battle for years- finally awaiting on County to go after the City. We were ban ging stuff around and I am sure mold spores went airborne. Mold Removal Cost What You Can Expect https://moldblogger.com/toxic-mold-litigation-who-is-legally-responsible-and-do-i-have-a-case/, http://www.pppclaw.com/mold-litigation-attorney.html, https://moldblogger.com/examples-of-mold-lawsuits/comment-page-15/#comment-141096. I am currently living in a condo. I was told it was to a sewer backup. She was told that it was caused by the way the paint dried and not to worry. I had black mold growing on the walls in my office and they found it inside the walls as well. Unfortunately, even if you have a strong suspicion that it is black mold sickness, your friend is correct in advising you not to make a black mold claim. My realtor came to me and I looked at the home and it had a new roof. We had to move to Nevada for a child custody matter and my hot water has leaked the whole time Ive lived here. Melissa. This system is very old and depends on water to heat and cool the rooms. I dont even think the machines will work. I was having a hard time breathing, was disoriented, had a strong metallic taste in my mouth. here, moved because the landlord wont do anything to address or help with the mold issue. She was only here for 2 days, and we wasted her whole first day waiting for the maintenance people to come by. The appellate court's decision started by noting that in cases alleging personal injury due to exposure, a plaintiff must support his or her case with expert testimony demonstrating to a "reasonable possibility" that the injury was caused by the exposure. Thank you so much for your quick reply. I am wondering if there is any legal action our students and teachers can take to get this mold out of our school. I have had 5 leaks in last 5 years in the roof of my bedroom and every time they do superficial cleanup. it. I went to my local instacare for treatment and had noticed many many more symptoms surfacing My hair was breaking off and getting shorter each time I brushed it, my sensitivity to temperature and sweating worsened, I was sensitive to light, I felt sick But didnt know how to explain what was wrong My menstrual cycle slowed drastically, and I started a deep feeling of spaced out, my memory began slowly deteriorating, short term. I have very serious medical problems due to mold, I was an independent contractor working for Asset Management companies, Banks, HUD, Fannie Mae etc, they cut costs on how to fix mold, or get rid of it, or the looks of it. The landlords send someone to the above apartment somewhere to fix something, but the only think i got for his ceiling was a can of Kilz. We highly encourage you to contact a law firm that specializes in such matters and receive their advice. We had been telling the landlord for months about the ceiling leaking in numerous places. I have to spend the night away from here and be gone all of Monday, which means I have to take my computer somewhere so I can work. Important Notes: In writing, emails, and by phone to ask for help & to get the flood issue resolved. A little concerned that this building might be causing issues, as my eyes are very red every morning, her too and both are itchy and painful. no reimbsmnt for anything. Settlement of $150,000 won by San Diego mold lawyer Jeff LaFave. We are looking to move forward with legal action against our land lord. I get more info that you made. Last week January 29-February1 I was rushed to the ER due to difficulty breathing,tighten of chest, hives, and itching.Friday February 1, 2013 the paramedics had to transport me and the other days A close neighbor transported me. Not letting us know of any problems this hoise has had. Those issues continued while plaintiff remained a tenant at the apartment. I am not sure how to approach this problem, but I am very concerned because not only is this our t.v. They originally made a very low offer on the condo and stated they were willing to buy it as-is without work on the mold. Upgrade the furnace filter to a 3M Filtrete allergy type (if you have forced air heat). What can I do? then take all your doctor bills, prescriptions, journal, pictures and find a attorney. I hope all works out for you. Nothing has been done!! On top of that I have an 18 month old who has had many instances of ear infections and flu like symptoms often. Thanks Tina. I purchased a BOB O PEDIC mattress 5 years ago. Not, but really, Ice Mold is.. We left and talked with his girlfriend about that and his room.. I tried going to work the next day and started to black out and dropped a 50 lb cutting blade on my leg that ripped through my pants and ripped an 8 inch gash in my shin and was sent home from work again. Another ended up with a skin rash after helping me deliver my baby in my home. This went on for a year, with me trying everything on the market to freshen my apartment nothing worked one time the manager of the complex gave me some used towels to put to the patio door/front door he stated to catch the water and keep from spreading. I did a home test that showed toxic black mold was present, but Im told thats not enough. What he showed me was in the bathroom, and not just a bit on a shower wall, but down the sides of the wall, one walls headed under the sink and under the sink. Did you know that the agar in the test kit has an expiration date? Me and my son have been sick for a couple of weeks now. The seller and real estate agent sent contrators no lic but we were promised the seller was a lic contractor. Should this be covered by homeowners ins and should the previous contracting company be liable? Again good luck If you have any further questions, dont hesitate to let me know =). we do have pictures of before and after. The first time we called, they said that the employee who gave us the lifetime guarantee, should never had done that and he is no longer with the company, but they would honor it. Upstairs our neighbor had a water tank burst causing water damage over the course of three days. Confusion. Jessica I am so sorry to hear about you and your kids. I really dont know what legal action to take and do not know if i can in the state of iowa but i fill like we have been poisoned by something that was known about and not disclosed. Mold remediation the process of cleaning mold from buildings and materials is a complex and expensive process. I did some research online for black mold and it stated some symptoms that my children and I have been having. In what has been deemed the largest personal injury verdict in a toxic mold-related lawsuit in the U.S., a Sacramento, Calif., jury awarded Darren and Marcie Mazza and their eight-year-old son,. there a huge line of a crack where the wall meets the wall by the vent above my table. I told him I had a bit in my room and saw carpet with the white looking powder on it, and then told him about the ice machine.. Danny Hamrick They seem to have no concern regarding the visible mold issues and plan to advertise availability. She and her small children have gotten very sick. My family and have lived in our mobile home going to 12 years in the past year I have noticed black mold in our master bathroom and I clean it and it returns. Its like the only time i ever hear about you fixing stuff is it I remind you about it. I am 62 years old, and expected to have another 15 years or so. If he refuses to respond appropriately, you usually have the right to notify him that you will withhold rent or move out if the issue is not resolved. Black Mold is appearing in my apartment I did some looking around in the rest of the apartment and it looks as if the just painted over it on the walls, vents, and floors what should I have a 3 year old son my husband and I never feel good neither does my son. We got sick for months with flu like symptoms that we never got over. If no action is taken from the housing, and the doctor states his condition could be from the mold, is this a liable lawsuit, or does it work differently with military housing? I dont know much of mold but this entire house could literally fall if there was a really big rain. My brother and I have been working at a powerplant on the river that had flooded into many parts of the powerplant that was approximately 100 feet long by 20 feet wide by 8 feet high. My daughter has asthma and her, my son, my husband, and I are having breathing problems due to the mold, I have told her this repeatedly yet she still wont remove it. Once you file your small claims lawsuit, you will get a hearing date scheduled anywhere between 30-70 days later. My other Coworker who sits directly next to me has been suffering from sever headaches and congestion. Two days after i was diagnosed with pharyngitis i discovered mold on my side of the room on the walls closest to carpets then alllll my windows in my house have mold in the frames and tracks of the windows. So, for example, if your accident occurred on October 1, 2020, you will have until October 1, 2022, to file your claim. I have become very ill from it (after thing it was something else), got tested by an ENT and he said my illness was being caused by the mold as I am highly allergic. Judgments and settlements awarded to tenants suffering from mold can vary but can be several thousands of dollars or even hundreds of thousands of dollars, depending upon whether the landlord was negligent and the severities of the health problems caused by mold. Mold can cause property damage. I am renting an apartment where I signed a one year lease. They havent replaced the wall, they just paint over it and after two days it comes right through. Doctors in Georgia do not have much knowledge on mold cases so when I was going through my sickness it took me forever to find a doctor with any experience. If you come to an agreement, you can close your small claims lawsuit. maintenance guy bent down with a paper towel and said oh thats just dirt wiped off both corners and said you must have the heat up too high its pretty humid in here. and left. I had to move because they filed an unlawful detainer on me and gave false references about my rentability to every person who called checking my references. The last time they were out (before today), my 74 year old husband who is a recovering back surgery patient that was not successful, helped the repair man they sent to remove an area of the roof the man thought was causing the problem and then put in new wood and tiles. Here are 10 common reasons to sue your landlord for negligence: Recommended Reading: How To Mold Leather Holster. It got so bad that mushrooms and mold started growing on the carpet area against the walls. Years or so on the carpet area against the walls in my bedroom every! 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