{"id":369099,"date":"2017-01-23T13:01:11","date_gmt":"2017-01-23T18:01:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/construction-defects\/can-i-sue-my-landlord-for-black-mold.html"},"modified":"2024-12-09T19:25:00","modified_gmt":"2024-12-10T00:25:00","slug":"can-i-sue-my-landlord-for-black-mold","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/construction-defects\/can-i-sue-my-landlord-for-black-mold.html","title":{"rendered":"Can I Sue My Landlord for Black Mold?"},"content":{"rendered":"\n
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Can I Sue My Landlord for Black Mold?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Yes. You can file a legal action against your landlord if you have been exposed to black mold. The suit can be based on either the health problems caused or damage to property.<\/p>\n\n <\/div>\n\n

Under the warranty of habitability, landlords must keep their rental properties mold-free. When you have suffered injuries from a mold problem in an apartment or other rental unit, you have legal options.<\/p>\r\n

Tenants may take legal action against landlords if their exposure to toxic mold<\/a> causes them respiratory problems or property damage. The cases often go through small claims court and require a formal demand letter attached with evidence of losses.<\/p>\r\n

The following disclaimers will help you understand your rights to take legal action after mold damage. For more detailed information, ask a landlord-tenant lawyer with experience in mold cases<\/a>.<\/p>\r\n

Black Mold and Your Landlord’s Responsibilities<\/h2>\r\n

By law, landlords must provide proper living conditions for their tenants. Rental premises must be free from health or safety hazards. This "accessibility" principle is an "implied warranty of habitability<\/a>." <\/p>\r\n

The standard for habitability is generally the minimum required by your local jurisdiction’s building code. Such state and city laws address tenants’ health and safety concerns. While some minor issues, such as drippy faucets, are not considered crucial to habitability, toxic mold certainly can be.<\/p>\r\n

Even in the absence of local laws on mold, a landlord may still be on the hook for mold problems. The contract (the lease agreement<\/a>) legally defies the landlord-tenant relationship. So, contractual provisions about plumbing or ventilation defects \u2014 which may contribute to mold growth \u2014 are enforceable.<\/p>\r\n

Suppose the contract states that the landlord must promptly fix all plumbing problems. Then, a leaky pipe in your apartment eventually leads to black mold growth. Here, the landlord’s failure to fix the problem could lead to a breach of contract and mold lawsuit.<\/p>\r\n

Is Black Mold Dangerous?<\/h2>\r\n

This type of mold<\/a> technically goes by the name Stachybotrys chartarum<\/i><\/a> and can cause serious health problems<\/a>. After long periods of exposure, mold spores can cause health issues such as:<\/p>\r\n