Suing Your Landlord for Mold Damage

Mold damage can be particularly harmful if left untreated because it can only grow. By law, landlords in America have the responsibility to make sure you are able to live in a healthy, habitable environment.  This means that all landlords must make sure that they check out their properties for mold. If your landlord has ignored your requests to examine mold damage and neglected their responsibility and allowed mold to inhabit your living situation or if you have incurred any form of injury because of mold damage, you may want to consider filing a lawsuit against them for unsafe living conditions.

Legal Duties of a Landlord

Every state except Arkansas has some form of law that specifies landlord’s responsibilities. They all state that landlords must maintain and repair any rental properties so that living conditions are safe. This includes the legal obligation to fix any type of water or fire damage, fix any roof damage or pipe leakage, windows, fix mold damage, and heating and electrical issues. If you suspect you have any form of mold growth, your landlord is responsible for acting on it. If your landlord chooses to neglect their legal responsibility, it is important for you to document what time and day that this took place. Save any text messages or voice messages that are exchanged between you and your landlord to help support your case. This way, you can prove that your landlord failed to fix your mold problem after you or another tenant has brought it to their attention. If you are at fault for the growth of mold, like if you kept your home too humid and shut off to circulation, you may not be able to sue. There is a good chance that your landlord will try to blame you for mold growth, even if you are not at fault.

Contact an Attorney

According to the CDC, over 25 percent of asthma cases are the direct result of mold spore exposure. If you have been exposed to toxic mold and incurred a respiratory illness or any other medical issue, you should consider contacting an attorney such as the personal injury lawyer Phoenix AZ locals trust. If your doctor can determine that your health issues were caused by mold exposure and that the type of mold that caused your health issue is present within your rental property, your attorney can present a good case to a judge and increase your chances of receiving a fair settlement.


Thanks to authors at Lorona Mead for their insight into Personal Injury Law.