Landlord Disputes and Toxic Mold

roomIn simple terms, a mold is caused by moisture. People underestimate what a little water can do to their environment. Broken pipes, a leaky roof, cracked roofing tiles, and leaving your windows open when it’s raining will allow moisture to enter your house. Sometimes you can even create the humidity within the home by drying of clothes, overheating your house during winter days, or overcooling in summer days. When it comes to dealing with mold you should find out the cause of the problem first so that you can block it, no matter how you clean the mold, it would reappear if you didn’t prevent the cause.
How Can A Mold Affect You?
Molds can release toxic chemicals that are harmful to the body when inhaled or been touched; a lot of mold in your house or surrounding can be dangerous and can lead to allergic reactions, hypersensitivity, flu, and asthma. It is always a good idea to take care of mold before it spreads. It can cause severe damage to your house if not prevented immediately.
Who Should Clean A Mold, Tenant Or The Landlord?
You just moved to a new home, and you have no idea about the presence of mold, then you saw it beside your bed, in the kitchen ceiling, or the bathroom. What should you do in such a case? Are you responsible for preventing and cleaning it, or is it the landlord who is responsible?
Landlords must ensure that before leasing any house, it’s well cleaned. The house should be clean so that there are no insects or mold present, and for the tenants also, they should not enter any home without checking the house properly to ensure that there is no other problem. There are situations where the landlord will make the necessary repair that’s needed to prevent the mold. For example, if it’s caused by a leaking roof, broken pipe, or any structural fault, the landlord is responsible for fixing the damage. So, in general, molds caused by structural problems should be fixed by the landlord.
If on the other hand, the tenant is responsible for creating the cause that leads to mold due to improper maintenance of the house. For example, spilling water on the carpet or letting the windows open when it’s raining will lead to condensation of moisture within the home. In this situation, it’s the responsibility of the tenant to take care of any damage that is caused by the mold since it’s his fault.
Check the house you’re moving in. If you find any problems that may cause mold, the landlord about it so that if decay occurs again, it’s his responsibility. You should report issues such as leaky pipes or a window that can’t be adequately sealed. If you caused the mold and you left it without fixing it, you have to compensate the landlord even if you’re moving out of the house. Most of the time, landlords will refuse to repair the damages caused by the mold as they believe the tenant causes the mold. They are well aware that it’s a long process to deal with the case at the court, and they also know you’ll spend a lot of money when filing any lawsuit against them.
When there is a dispute between the landlord and the tenant regarding mold and the matter reaches court, the judge has to decide how bad it is and the effect it has on the surrounding and whether the landlord or tenant causes mold. That’s why it’s essential if you find any problem that may lead to mold, you should report to the landlord before moving into the house. You should also document such issues so that if anything happens, you can present it as evidence in the court. When the matter reaches the court, anyone that’s found guilty is subject to a fine and will be responsible for any damage repairs. It’s a good idea to settle the matter between you and the landlord because if the case reaches the court, a fix that generally cost $3000 can now become a $30,000 claim, sometimes even higher than that.
Mold Claims – Is There Any Insurance Coverage?
Homeowners, renters, and landlords can buy an insurance policy that’s able to cover mold clean up expenses. If you live in an area where mold often occurs, you should choose an insurance policy that covers mold damages. Are you having a mold problem that you know is not your fault? Contact Massey & Duffy to help you make the right claim on the damages done for you.

Share:

More Posts

The Law of Ladders

Injuries from ladders are very common during construction.  Often, these ladders are supplied by employers or homeowners in a faulty condition. In such cases, the

Send Us A Message

Massey & Duffy

Our goal is to help people in the best way possible. This is our approach to every case. Contact us today for a free consultation. 

Practice Areas