Can I Sue My Landlord for Black Mold?

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.

Tenants may take legal action against landlords if their exposure to toxic mold 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.

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.

Black Mold and Your Landlord's Responsibilities

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." 

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.

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) legally defies the landlord-tenant relationship. So, contractual provisions about plumbing or ventilation defects — which may contribute to mold growth — are enforceable.

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.

Is Black Mold Dangerous?

This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems. After long periods of exposure, mold spores can cause health issues such as:

• Respiratory problems
• Internal organ damage
• Mental impairment
• Nausea or vomiting
• Skin inflammation

Mold can also cause irreparable or expensive property damage. Since black mold thrives in dark places lacking ventilation, it may go unseen until too late. Renters who suffer from mold-related health problems, such as respiratory issues, must act quickly. Understanding the relevant real estate and landlord-tenant laws is very important.

How To Find Black Mold in Your Apartment

The first signs of mold could be visible, or they could appear through illness before you even detect it. Regularly check your unit for moisture accumulation, ventilation issues, and leaks.

Some of the key areas to examine are:

• Inside the bathroom, especially around the shower
• Near the kitchen sink 
• Behind and underneath any appliances connected to pipes
• The laundry space
• Around the windows
• The exterior of your unit, especially if you live in a rental house
• The basement or crawlspace of a rental house

 A few common red flags for mold and moisture problems in a rental property include:

• Musty odors
• Discolored water stains on the walls or floor
• Fuzzy or slimy dark spots that look like dirt
• Warped wood, such as bubbling wood flooring

Sometimes, mold grows in a hidden area of the building. It may lurk behind walls, below the floors, or behind tiling. If the mold isn't obvious, you may suffer the health issues listed above for a long time before discovering it.   

Do-it-yourself mold detectors are helpful, but they may be unreliable or inconclusive. If you suspect black mold in your rental unit, consider getting a professional mold inspection. Though an inspection is an extra cost, it could help support legal action later. Even if the results show there's nothing to worry about, you might still sleep better at night knowing your property is mold-free.

Discovering Black Mold in Your Rental: First Steps

Suing your landlord for black mold shouldn't be the first response upon discovering it in your rental. This is if you haven't suffered any health problems from exposure. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold. It should be in writing to establish a record.

The landlord is legally responsible for removing the mold and reimbursing you for any extra costs. Even if you don't suffer any injuries, a landlord's failure to maintain a mold-free environment violates the implied warranty of habitability. An exception may exist where a renter causes the problem or fails to report it to their landlord in a timely manner.

Suppose the landlord fully takes care of a mold issue, but you later exhibit health problems that you suspect were caused by earlier mold exposure. Here, you may still claim damages as long as you file your case early enough.

If your landlord contradicts your concerns that your rental unit has black mold, you may have to pay for an inspection and testing. But, landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

For example, if your landlord refuses to do mold testing after a prolonged water leak, they may be liable to you for the following:

• Personal property damage not covered by your renter's insurance
• Health problems like significant skin rashes and breathing issues

Suing Your Landlord for Black Mold

Suppose your landlord ignores water damage in your home and refuses to bring in a mold remediation company. To add insult to injury, your landlord even threatens you with eviction and withholds your security deposit to cover the damage. Meanwhile, you're left pouring bleach over building materials, wondering if it'll make a difference.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord.

Suing for Mold in Small Claims Court

You may be able to resolve the issue in small claims court depending on:

• The extent of your mold-related illness or property losses
• Your state's dollar amount limits on claims

Small claims courts generally require the parties to represent themselves without lawyers. They also have claim limits in the $2,500 to $10,000 range.

Suing for Mold in Civil Court

If the dollar amount exceeds your state's small claims limit, you may need to file a regular civil mold lawsuit. This may be the case if your illness requires extensive treatment. For example, you may suffer serious health risks or health effects that lead to lost wages on top of medical costs.

You may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure. This may also include future expenses if you can prove the need for ongoing medical care.
• Lost wages as a result of the illness and loss of earning capacity as a result of injuries
• Time spent removing mold from the rental property
• Destruction of property related to mold contamination
• Pain and suffering

Black Mold In Your Rental? Meet With an Attorney

They may seem harmless, but certain types of mold can permanently destroy property. They can also cause serious and sometimes lasting health problems. If you have suffered injuries that you believe result from this hazardous type of fungus, get legal advice. You may need to sue your landlord for black mold.

Find a toxic mold attorney in your area to learn more about your rights and legal options. A client relationship with such a lawyer will significantly reduce the time you'll have to tackle legal issues independently.