Can You Sue a Landlord for Toxic Mold Exposure and Property Damage?

If you or a loved one lives in a rental unit and has been exposed to toxic black mold or other toxic mold, and has symptoms or has experienced property damage, there are legal protections under the law. If a landlord refuses to address the issue after you report it, you may file a claim for mold exposure to recover money you spent on medical bills, damaged belongings, and other related costs.

If you need help determining whether you have a claim against your landlord (or other responsible party) for toxic mold exposure–and if so–how to file a claim, use the Super Lawyers Directory to locate an experienced landlord-tenant attorney in your area who can help. Consulting with a lawyer can help you better understand your specific situation.

What Is Toxic Mold?

Mold is more than a nuisance; it can affect your health and destroy your belongings. Mold is a common term for fungi that grow naturally in moist environments.

It can grow due to moisture, leaks, and poor ventilation, and can cause serious health complications. Mold growth can cause serious property damage and require expensive cleanup.

Types of Mold

There are different types of mold spores, some of which cause allergic sensitivity or are toxic to humans and pets. Stachybotrys chartarum is the greenish-black fungus that requires a moist environment to grow. Stachybotrys chartarum mycotoxins are usually spread by mold spores and can cause potentially serious health problems.

Common Symptoms Reported by Tenants

Health risks related to toxic mold exposure include:

• Allergic reactions
• Skin irritation or skin rash
• Runny nose
• Coughing or wheezing
• Respiratory problems
• Eye irritation
• Fever

Mold exposure can cause lung damage and the development of asthma. Mold exposure affects people differently depending on the type and extent of exposure and a person’s underlying health.

For example, those with preexisting conditions such as asthma, upper respiratory conditions, or allergies may have a stronger reaction to mold exposure.

Claims Against a Landlord for Toxic Mold Exposure

Anyone harmed by another party’s failure to address a mold problem may have a valid claim. Common legal claims in landlord-tenant law that tenants may bring against landlords for toxic mold exposure include:

• Violating the implied warranty of habitability. Under landlord responsibilities, many states require landlords to keep rentals safe and livable. Serious moisture problems and mold infestations can violate this legal duty and make a rental unit uninhabitable.
• Negligence. Your landlord is required to maintain the property in a habitable condition. For example, they must fix leaks, repair water damage, and address ventilation issues. Ignoring known moisture problems can create liability. If they violate that duty, and that breach of duty leads to your damages, you may have a claim for negligence against your landlord.
• Breach of the residential lease agreement. Depending on the terms of your lease, you may have a claim for breach of contract (in addition to a claim for breach of the implied warranty of habitability). This depends on the terms of your lease agreement.

The responsible party in a mold exposure lawsuit can vary depending on the setting. An experienced toxic mold attorney can help identify the strongest legal claim for your situation.

Building the Strongest Case

To meet the legal thresholds for your case, you must be able to prove that the landlord knew, or should have known, about the mold or the conditions causing it.

You must also show that the landlord failed to fix the problem within a reasonable time and that you suffered harm. This harm can include adverse health effects, property damage, or an uninhabitable home.

You’ll need evidence to support your case for toxic mold exposure and to prove notice. Written notice to your landlord matters. Be sure to document everything. Keep good records of every report you make, requests for repair, and complaints made to your landlord.

This evidence will help you if you need to bring a case in small claims court or file a personal injury lawsuit.

Legal Options When the Property Manager Blames You for the Mold

Once you report an issue involving toxic mold, your landlord or property manager may try to shift the blame. This is a common defense strategy to avoid paying a claim. Typical accusations against tenants include:

• Poor ventilation habits
• Not reporting leaks
• Excess humidity from daily living

To fight blame-shifting, use the following strategies: Prove that the mold stems from structural or maintenance issues, such as roof leaks, plumbing failures, or foundation problems. Point to complaints the landlord ignored.

As with any case, strong evidence helps. You’ll also want to demonstrate that your reasonable behavior did not cause the problem and highlight the landlord’s failure to maintain the property or respond to reports. A qualified mold assessor who performs a mold inspection can help determine the true cause of the mold.

Being accused does not mean you are at fault. An experienced landlord-tenant lawyer can provide guidance and help you decide what’s best for your circumstances. They can help turn the situation in your favor.

What You Must Prove in a Mold Exposure Lawsuit

In many mold exposure cases, the injured person must prove negligence. The legal elements of negligence are:

• Duty. The defendant had a legal responsibility to maintain a safe environment.
• Breach. The defendant failed to meet their responsibility.
• Causation. The mold contamination directly caused your illness, injury, or property loss.
• Damages. You suffered real, measurable harm as a result of the mold exposure.

In mold exposure lawsuits, causation is usually the most difficult element to satisfy. You must meet all elements to prove your case by gathering evidence during the legal process.

Evidence Needed To Prove Your Case

A well-documented case provides the support you need to achieve the best outcome. You need strong evidence to support your case. Evidence to support the elements of your claim can include:

• Documentation. Lease agreements, contracts, repair requests for mold remediation, and inspection history
• Medical records. Diagnoses, treatment notes from a medical professional, bills showing medical expenses, and prescriptions
• Inspection reports. Professional mold testing and air quality results that demonstrate inadequate ventilation or defective materials
• **Photographs and videos can show visible mold growth, water damage, and affected belongings
• Communications. Emails, texts, and letters demonstrating that you reported the problem to a property manager or insurer

As soon as you think you have a claim, begin collecting evidence. This will ensure that you have the most support for your case.

Mold Discovered After a Rental Property Is Sold

Determining who is responsible for toxic mold exposure and property damage after a rental property is sold can be tricky. Ownership changes can raise questions about who is legally accountable.

• When both the old and new owners knew about the mold. The previous owner may remain liable for harm caused during their ownership period. The new owner could be liable if they failed to disclose or fix a known problem after they assumed ownership.
• The role of mold disclosure laws. Many states require sellers to disclose known defects, including mold. The failure to disclose can expose the former owner to liability.
• Successor liability basics. Legal responsibility can transfer to a new owner in certain cases. The new landlord inherits the duty to maintain a habitable property.
• Determining the timeline of harm. It’s important to establish when the mold developed and when each owner knew about the mold. Medical and inspection records help pinpoint responsibility.
• Pursuing claims against multiple parties. Tenants may sometimes hold both owners accountable. It depends on the facts of the case.

Sorting out the issues that come with shared liability is the type of issue an experienced landlord-tenant lawyer can help you with.

Types of Damages Available

Potential damages for mold exposure in a personal injury claim can include compensation for losses, including:

• Medical costs. Past and anticipated costs for medical treatment.
• Lost wages. Missed income due to illness, recovery, or medical appointments.
• Pain and suffering. Physical discomfort and emotional distress caused by the exposure.
• Property damage. Personal belongings, such as furniture and clothing, that are damaged or ruined.
• Rent-related remedies. Possible rent withholding or rent reduction, reimbursement for the period the unit was uninhabitable, temporary housing costs, and moving expenses.
• Punitive damages. Imposed for situations that are especially egregious and used for punishment and deterrence.

A property owner liable for mold exposure will usually start by filing a claim with their insurance company. If this is the case in your situation, be sure to cooperate with the investigation. The value of the claim depends on the severity of the harm and the strength of the evidence.

Contact a Landlord-Tenant Attorney

Suing a landlord for toxic mold exposure and property damage can be complex. You must sue the right party and then be able to prove a link between your negative health effects and property damage.

However, you do not have to face a landlord dispute alone. Experienced legal guidance can help you protect your health, your property, and your rights. Legal help can strengthen your case. Contact an experienced landlord-tenant lawyer to understand your legal rights and determine your next steps.