Allergies, rashes, and fatigue are among the health problems that toxic mold causes. Toxic mold is common where humidity is a problem. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic.
Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. Mold regulations have been developed in states like Texas, California, Maryland, New Jersey, and Indiana. For example, under California’s "Toxic Mold Protection Act of 2001," the Department of Health Care Services (DHCS) sets mold regulations in the state. Under California law:
Local statutes and building codes may also be a source of law on mold. For example, since mold is considered a legal nuisance in San Francisco, tenants may sue their landlords under nuisance laws.
Even if a state lacks mold laws, under the "implied warranty of habitability" a landlord may still be liable for indoor mold if he fails to maintain, repair, and keep the property in a habitable condition. A landlord cannot evade liability simply by including a waiver in the lease agreement.
In addition to landlords, other parties may be liable for indoor mold, including:
Mold litigation recoverable damages include such items as:
Here are several things you may need to do to develop a successful toxic mold case:
If you suspect the presence of mold in your home or apartment, you may need to reach out to a qualified attorney. If health effects are present, you may need the expertise of a personal injury attorney. Otherwise, you may consider an attorney specializing in tenant-landlord issues.
An attorney can help you negotiate with responsible parties, file and represent your rights in a lawsuit, and assess the extent of recoverable damages.
Last Modified: 09-21-2017 09:34 PM PDTLaw Library Disclaimer
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