If an apartment or house is left damp for too long, it will create a flourishing environment for toxic mold to grow in. If this toxic mold is left unchecked, it can potentially cause a number of health related problems. This is why every landlord should be attentive and diligent about checking the conditions of their property to ensure that toxic mold does not have a place to grow. The laws in each state differ, but the commonality is that all landlords have the responsibility to make sure their property is fit to live in by his or her tenants. If your landlord has neglected their responsibility to keep your living environment habitable by allowing the mold to develop, you may be able to file a lawsuit for damages. If you were harmed by the toxic mold in a hazardous way, every state (except Arkansas) has a law that states all landlords have the duty to maintain and repair any rental property to ensure that the renters have proper and safe living conditions. This includes the legal responsibility of fixing any leaking pipes, roofs, and windows to prevent mold growth and water damage. However, if your landlord (or you) detect mold growth is present in the dwelling, they have the legal authority to immediately step in and fix the problem. In the event that your landlord neglects their legal obligations and you or your loved ones sustain health problems because of the toxic mold, you will be able to file a lawsuit for damages.
The CDC (Center for Disease Control and Prevention) reported that almost 25 percent of reported asthma cases in the United States annually are a result of mold exposure. Even a study by the popular Mayo Clinic showed the majority of annual chronic sinusitis cases are directly caused by the inhalation of toxic mold spores. This means that any exposure to mold holds the possibility of causing respiratory illnesses and issues. There are now advanced tests run by doctors that can identify which strain of toxic mold is present in the blood stream. This will help strengthen your case against your landlord if the same mold in your household is found in your blood stream. Keep in mind that although you can provide proof that your illness is the fault of your landlord, this does not mean you will automatically win your case against them. You must also be able to prove that your landlord was negligent in helping aid the mold situation. This means documenting any interaction with your landlord regarding the mold and showing that you repeatedly brought it to their attention. Speak with an experienced attorney today.