Mold in Rental Units: Who is Responsible?

Posted by James Lee on January 24th, 2018

When you rent an apartment or condo in Florida, you fully expect your unit to be clean, safe and free of health hazards. For all intends and purposes, that’s just what your unit is, at least from the outside. However, if you were to open up a few walls, look beneath sinks and peel up the floorboards, you may just discover that your apartment or condo is anything but safe and hazard-free. Instead, you may discover that your unit is a cesspool of germs and harmful bacteria and fungi, including black mold. If your unit is infested with black mold, reach out to a mold attorney in Broward County to learn more about your rights.

When Your Landlord Liable May Not Be Liable for Mold-Related Damages

Unfortunately, there are zero exposure limits or standards set by the federal government for building owners to abide by, making it increasingly difficult for tenants to recover compensation for mold-related damages. Moreover, only a few states have taken steps toward establishing tolerable mold criteria, and just two cities have followed suit. Florida is not one of those states, and the only cities that have enacted local ordinances regarding mold are New York City and San Francisco. However, that doesn’t mean that you’re without options. A mold lawyer in Broward County can help you review your options and build a viable claim.

However, Your Landlord Could be Held Liable for Uninhabitable Conditions

One legal avenue that you can pursue is claiming that your landlord has maintained uninhabitable premises. According state and federal law, it is a landlord’s duty to maintain habitable premises for his or her tenants, and failure to do so could open them up to a legal liability lawsuit. Before you throw that term around in front of your landlord, however, talk to a mold attorney in Broward County about the nature of the issue, as there may be some instances in which you are liable for your own injuries.

For instance, if the mold was caused by your own negligence, such as failing to maintain a clean apartment or keeping the doors and windows open during a rainstorm, you may be held responsible for the mold damage. However, if the mold was a result of your landlord’s failure to repair a leaky pipe or to repair the roof, he or she can be held liable for failing to maintain habitable conditions.

A lot goes into building a viable mold damage case, which is why it is always best to consult with a mold attorney in Broward County prior to pursuing any legal remedies. If you believe that your landlord is responsible for the black mold in your unit, contact a lawyer today.