Mold in the Apartment and Legal Liability

If you sign a lease to an apartment or a house, many believe you are bound to that lease, even if they discover the integrity of the apartment is not up to par. Even if they discover toxic mold. This, however, is not the case at all. If you have done as just described, it is important for you to know that is your landlord’s responsibility to inform you of any all possible health risks that the apartment may have, as they are liable to legal action if they do not provide a healthy place of living. Your landlord can indeed be held responsible if your family take ill as a result of the mold infestation in the aforementioned property.

In order to do this, one must prove that the mold exists in the area rented, because in most leases mold testing, removal, and regular inspections do not have to be covered by the landlord. In fact, the one who pays for these things is you. You must, however, be able to prove there is a mold problem to begin with.

And if you are able to prove that the rented property is indeed infested with mold, then the landlord is possibly liable for medical bills, loss of income due to sickness, damage to the tenant’s health, and any possible property damage brought on by the infestation. They can also be liable for other things, such as the difference between rent at the mold infested area and the new un-infested rented area, mold inspections, money required to move to a clean environment, and the remediation of the rented space paid for by the tenant prior to moving out of the infested room.

You should, however, first notify your landlord that there is a mold infestation by mail and provide proof of your claim inside the envelope. The mold sample you send will be tested and identified using a mold test kit signed by a mold laboratory. It is important to have a written report signed by a certified mold inspector along with a laboratory report. If the landlord does not acknowledge this notice, you can send a second notice stating you will withhold your rent until the infestation is dealt with in a timely manner. If the landlord chooses, still, to ignore the notice, send a final notice explaining that you will be vacating the premises and that you are either contemplating seeking or are actively seeking legal action.

Jim Corkern is a writer and promoter of quality
Connecticut Mold Remediation services and
flood and water damage cleanup companies across the united states.