Can I Sue My Landlord for Mold
Mold can have a serious impact on a person’s health. People who are exposed to mold can develop asthma and other respiratory illnesses. Unfortunately, mold is quite common in many buildings today. In fact, according to The World Health Organization, indoor dampness and mold affects anywhere from 10 to 50 percent of all buildings in the world.
Because mold has so many health risks, the U.S. has passed strict laws to protect citizens from mold exposure. Landlords are responsible for providing their tenants with a safe environment that doesn’t contain any mold. However, not all landlords live up to this obligation and tenants are the ones who suffer.
The Duties of a Landlord
If mold growth is detected in a rental property, it is the landlord’s responsibility to fix the issue. If the landlord doesn’t get the mold removed from the property right away, he or she may be held liable for any damages that were caused by the mold exposure. You have the right to sue your landlord and receive compensation if the court finds the landlord negligent.
However, if you suspect there is mold growing in your rental property, it is your responsibility to have it inspected and tested. Landlords have an obligation to provide you with a mold-free environment, but they aren’t required to provide evidence to show the absence of mold. To provide a burden of proof, you must show that the property is contaminated.
Gathering Evidence to Support Your Claim
If you suspect mold in your rental property, it’s a good idea to hire a professional remediation company to inspect the property and determine the exact levels of any harmful mold spores. If mold is found and it’s caused by the landlord’s negligence, you may be able to receive compensation for damages and be fully reimbursed for the costs of the mold testing.
Because federal law does not dictate any specific limits on allowable levels of mold, a landlord can’t be held responsible just because there’s mold inside the property. You have to prove that mold is due to the landlord’s negligence. For example, the landlord might have failed to fix leaks in the roof.
If you or a loved one have been exposed to mold, you should consult with an experienced attorney such as the Personal Injury Lawyer Fort Collins, CO locals trust so that your landlord is held responsible for not providing a safe living environment.
A personal thank you to our partners at Cannon Hadfield Stieben, LLC for their expertise into Personal Injury Law.