Toxic Mold Exposure: Can You Sue Your Landlord?

Last Updated on July 2, 2024 by Tanya Janse van Rensburg

Most people understand that mold is harmful.

If you see that a loaf of bread left on the counter for days is starting to turn blue, they know to throw that bread away rather than eat it.

However, you may need to realize how dangerous it can be if toxic mold builds up in your walls or elsewhere on your property. 

If you have mold in your home and are renting, you can always ask your landlord to remove it.

If they do not, you can contact a personal injury attorney, Utah residents.

Can you sue your landlord if you have mold on your property?

Let's take a few moments to explore this option.

Is Suing Your Landlord a Possibility?

First, let's deal with the most obvious question: if you know you have toxic mold in your house or apartment and are a renter, can you sue your landlord if they don't get rid of it?

The short answer is yes. You can sue just about anyone at any time.

All you need to do is hire a lawyer who is willing to take your personal injury case.

However, it would help if you had a good reason for suing someone.

If you start bringing frivolous lawsuits in court, the judge can become impatient with you and throw the case out.

You need to have just cause to sue someone.

A situation with mold in your house or apartment and the landlord's refusal to remove it qualifies. 

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What Happens When You Sue?

If you sue your landlord, they must respond swiftly to that legal action.

They will need to appear in court, presumably with their attorney.

Before you do this, you should inform them about the toxic mold you have found on the premises and give them a chance to hire someone to remove it.

If they refuse, or if they seem to be dragging their feet, that is when you might threaten to sue.

If they still act, you will probably have a choice but to pursue the appropriate legal action. 

What Might Be the Results?

If you sue your landlord and win, you might get some money out of the situation.

The court may also compel the landlord to hire someone to remove the mold since that's a health hazard.

If you do this, you will likely have a very contentious relationship with your landlord going forward, and you might feel compelled to move because of it.

Before suing your landlord, you should ensure you understand the ramifications.

Living with mold that has not been removed can be very dangerous, and you should be aware of the risks.

Living in a home with mold can cause itchy eyes, congestion, coughing, wheezing, and headaches. These can get worse the longer you live with it.

One way or another, you must get rid of it if you learn that you have some mold in the home you're renting.

Essential Considerations Before Suing Your Landlord

Before deciding to take legal action against your landlord for mold issues, it's crucial to consider several important factors:

  1. It's essential to thoroughly document the presence of mold in your living space, including taking photographs and keeping records of any correspondence with the landlord regarding the issue.
  2. Consider seeking professional opinions or inspections to confirm the presence of toxic mold. It is also important to review your lease agreement to understand the landlord's responsibilities regarding maintenance and habitability.
  3. Before pursuing legal action, attempting to resolve the matter amicably through written requests to the landlord may be beneficial.

These steps can strengthen your position and provide a clear overview before considering legal recourse.

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The Dangers of Mold:

1.How Mold Can Affect Your Health and Common Symptoms

Mold is a significant health hazard that can have a detrimental impact on your well-being if not addressed.

Exposure to mold spores can lead to various health issues, including but not limited to coughing, wheezing, throat irritation, nasal stuffiness, skin rashes, and eye irritation.

Furthermore, prolonged mold exposure can exacerbate respiratory conditions and lead to chronic health problems.

It is crucial to recognize the various symptoms of mold exposure and take proactive steps to mitigate its presence in your indoor environment.

2. Long-Term Health Impacts of Mold Exposure

Prolonged or repeated exposure to mold can lead to various health issues, including respiratory problems, allergic reactions, and even chronic conditions.

Mold spores can trigger asthma attacks in individuals with asthma and cause allergic reactions, such as sneezing, runny nose, red eyes, and skin rashes in people allergic to mold.

Mold exposure is linked to the development of chronic conditions such as chronic sinus infections, fatigue, and persistent headaches.

In some cases, individuals exposed to mold may experience neurological symptoms, including difficulty concentrating, memory loss, and mood swings.

Additionally, long-term exposure to certain types of mold, such as black mold (Stachybotrys chartarum), has been associated with more severe health effects.

It is important to promptly address mold issues in indoor environments to minimize the risk of long-term health impacts.

This can involve ensuring proper ventilation, addressing any water leaks or moisture issues, and promptly removing any visible mold growth.

Seeking professional help for mold remediation may be necessary in more severe cases of mold infestations.

Proactively addressing mold exposure can help prevent potentially serious long-term health impacts.

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In conclusion, dealing with toxic mold in a rented property can be complex and challenging.

While suing your landlord is possible, it's important to thoroughly document the presence of mold, seek professional opinions, and review your lease agreement before pursuing legal action.

The health risks associated with mold exposure are significant, and it is crucial to take proactive steps to address the issue.

Ultimately, prioritizing your well-being and living in a healthy environment should be the primary focus when dealing with mold-related concerns in a rental property.