September 16, 2018
Personal Injury Lawyer
Although toxic mold is a hot topic when purchasing a home these days, it is often overlooked when searching for a rental property. You are basically searching for an apartment or rental home that is in your budget, is a good location for commuting, and in generally good condition. Asking or looking for evidence of black mold is probably not on the top of your priority list of questions. Even if it was, it is likely not evident until the damage is done.
What Kind of Health Issues Can be Attributed to Exposure to Black Mold?
Black mold can be the cause of serious health issues if you are exposed to it consistently for a period of time. These health issues include:
- Respiratory issues
- Internal organ damage
- Skin irritation or inflammation
- Mental impairment
Black mold tends to be found in damp, dark areas; therefore it is often not apparent until the physical damage has been done. In addition, black mold can cause damage to the property that is expensive to remediate and sometimes not treatable.
What Do I Do if I Discover Mold in My Rental Property?
Legally, landlords must by law provide suitable living conditions to its tenants, which means there are no safety or health hazards present. The standard that landlords need to adhere to is generally the building codes of the local jurisdiction which details the tenant’s safety and health concerns. Toxic mold is considered a major concern and tenants should not be expected to live in conditions where mold is present and health risk.
If you find mold in your rental property, your first step should be to contact your landlord. They are responsible legally to remediate the mold problem and reimburse you for any expenses you incur because of the mold. If after the landlord takes care of the mold you still show evidence of health issues you think may be a result of being exposed to the black mold, you can still claim damages against your landlord. If your landlord disputes your claim that your rental has black mold, you can pay for an inspection of the property and if mold is found after the landlord has disagreed with your claim, it may open the landlord up to increased liability.
Can I Sue My Landlord for Damages Incurred Because of Exposure to Black Mold?
If you have tried other avenues with no satisfaction, your only option may be to take your landlord to court with a personal injury lawyer St. Paul, MN trusts by your side. Depending on the amount you are asking for will determine whether or not you can resolve your issues at small claims court.
Damages you may be able to claim because of black mold may be:
- Pain and suffering as a result of being physically harmed from the mold
- Lost wages when getting treated
- Any medical expenses as a result of being exposed to the black mold
- Destruction of any property you had that was contaminated by the mold
- Long-term earning potential that may suffer because of your injuries
Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury cases and mold in rental units.