Can I Sue My Landlord for Uninhabitable Living Conditions Due to Black Mold?
Hmmm?! asked:
My boyfriend used to be a contractor and notified my landlord of leaky pipes and excessive moisture that can cause mold a couple of years ago. He said he would send a contractor over to fix it, but never did. My boyfriend told him several times how dangerous it could be, but his notifications went ignored. Now, my sister who lives with me, has developed cancer on her ovaries. But within 2 mos. time, it spread to her lungs. She has developed lung cancer; (doesn’t smoke or is even around smokers). The oncologist claimed that she cannot identify a certain spot on the MRI of her lungs. She was referred to an immunologist/allergist that specifically identitifies ASPERGILLUS (toxic mold spores). I have had increased sinus infections, mucus, severe headaches, bloodshot red eyes and these are all symptoms of toxic black mold irritation. We notified our landlord again, and he sent unlicensed workers to tear down the area and rebuild over the mold without treating it. He obviously doesn’t care anything about the health of his tenants. Can he be sued for negligence? We both have severe issues caused by the mold exposure. Finally, we are moving. But what can we do about him? We have documented everything with photos and memo’s of our conversations. As well as personally hired a mold inspector and contacted the city to inspect the property. Each inspector claimed that the landlord showed gross negligence in his actions to get rid of the problem. Can we sue? What should we do next?
Uodate: I have proof. We got a mold inspector who was appauled by what he saw, AND we got a city inspector to come out who was equally disgusted. They both stated that they woudl testify. Also, everything has been dpcumented with the city AND we have all gone to a specialist; Immunologist/Allergist who have also documented the case and confirmed that they found “aspergillus” in our respitory system, which is also toxic mold.
Black Mold
My boyfriend used to be a contractor and notified my landlord of leaky pipes and excessive moisture that can cause mold a couple of years ago. He said he would send a contractor over to fix it, but never did. My boyfriend told him several times how dangerous it could be, but his notifications went ignored. Now, my sister who lives with me, has developed cancer on her ovaries. But within 2 mos. time, it spread to her lungs. She has developed lung cancer; (doesn’t smoke or is even around smokers). The oncologist claimed that she cannot identify a certain spot on the MRI of her lungs. She was referred to an immunologist/allergist that specifically identitifies ASPERGILLUS (toxic mold spores). I have had increased sinus infections, mucus, severe headaches, bloodshot red eyes and these are all symptoms of toxic black mold irritation. We notified our landlord again, and he sent unlicensed workers to tear down the area and rebuild over the mold without treating it. He obviously doesn’t care anything about the health of his tenants. Can he be sued for negligence? We both have severe issues caused by the mold exposure. Finally, we are moving. But what can we do about him? We have documented everything with photos and memo’s of our conversations. As well as personally hired a mold inspector and contacted the city to inspect the property. Each inspector claimed that the landlord showed gross negligence in his actions to get rid of the problem. Can we sue? What should we do next?
Uodate: I have proof. We got a mold inspector who was appauled by what he saw, AND we got a city inspector to come out who was equally disgusted. They both stated that they woudl testify. Also, everything has been dpcumented with the city AND we have all gone to a specialist; Immunologist/Allergist who have also documented the case and confirmed that they found “aspergillus” in our respitory system, which is also toxic mold.
Black Mold
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Black Mold
How about move. You knew he wasn’t taking care of it, and how dangerous it was…then think about suing.
Black Mold
I would take it to the health department first and if they don’t do anything about it then yes I would sue him or the health department for not helping.
Black Mold
Can you sue? Sure.
The cause-and-effect, however, is not perfect. Nobody can say with great certainly exactly how cancer works, which is why it was so hard to sue tobacco manufacturers over their product.
That being said, your landlord’s pockets are nowhere near as deep as Philip Morris’s – and there are well known standards for property upkeep, one of which is that you don’t allow mold to flourish for just these kinds of reasons.
You warned him. You yourself didn’t do anything to muddy the case (like not pay him rent in protest).
I think you’ve got a pretty good case.
Black Mold
Can I Sue My Landlord for Uninhabitable Living Conditions Due to Black Mold?
You might be able too. It is the landlord or in the case the “slumlord’s” responsibility to take care of the buildings they rent out too. Black mold is very dangerous and can cause all kinds of health issues and even death if exposed to long enough. I would look into what your rights are in the case.
Black Mold
I’m not an attorney and I don’t play one on TV but it sounds like you have a case.
Contact an attorney (real estate or medical should be their specialty, if possible). Make sure you bring all your medical records, proof of mold, renter’s agreement, sworn statements from each inspector may help, and anything else which might help your case. Also include all your hospital bills for your claim.
You should also contact the city health inspector to see if they can stop his negligent renting practices. In certain areas, landlords must have a permit to rent property. See if you can get it revoked by showing your proof to the city management.
If you have a good attorney, a simple letter from their office will take care of a lot of your issues and turn the screws on this landlord.
On a personal note, I used to rent out. I found that devil renters as well as landlords drove the business into the gutter and I hope you bring this one down.
Good Luck with your case!
Black Mold
If you have the documented proof and experts willing to testify on your behalf, then yes you can. I have sued a landlord for having uninhabitable living conditions. We ended up settling out of court. This might be grounds enough to break the lease as well, but a lawyer would know for sure. If you have the proof as you claim, I would get a lawyer, ASAP and all documentation to him and the local health department/building inspection agency or the equivalent where you are.
Make sure you keep paying rent as stated or he can use that against you. Two, before you initiate action, make sure you have a lease or mortgage for a place elsewhere and living elsewhere