Mold Exposure: Is My Landlord Liable?

Not all personal injury cases have to do with car accidents, slip and falls, and worker's compensation. Some personal injury cases may also be due to the negligence of a landlord as well. In this article, we will discuss the symptoms of mold exposure, how to recognize mold in the home, and guide you on what to do if your rental has a case of mold.

Symptoms of Mold Exposure

Some of the more common symptoms of mold exposure include: • Coughing and wheezing • Nasal congestion • Red or itchy eyes • Rashes • Sore throat Other respiratory symptoms may also manifest that are more serious and persistent. You may even develop pneumonia in some cases. The lung tissue is inflamed and can cause scarring over time.

What Does Mold Look Like?

Mold isn't always going to be black like many of us may assume. There are thousands of different mold varieties. Either way, mold does not belong in a residence. Mold is more apparent in warm and moist environments like the bathroom or kitchen. It is also prevalent around leaky pipes. If there is any kind of water damage in the home, then you want to look for signs of mold in those areas.

Now What?

Once you have identified mold in the home, the next step is to contact your landlord in writing and provide documentation. If the landlord fails to address the problem, you can then use this documentation in court, especially if you are pursuing legal action based on health problems caused by the landlord's negligence. Next, visit a healthcare professional so you can explain your symptoms and obtain documentation of the visit. Some symptoms may not show up right away, so you want to make your medical professional aware of the situation. You can then call your local health department to report the problem. Again, documentation is critical during every step of this process.

Florida and Mold Laws

Currently, there is no federal law covering a landlord's responsibility in Florida when it comes to mold. Florida also doesn’t have any specific laws that address the duties of the landlord of liability when it comes to mold prevention and remediation. However, if you believe you have been harmed due to a high concentration of mold in the rental home, then you absolutely can try to recover damages from the landlord in court to compensate for your losses. If a judge or jury finds the landlord responsible for the negligence, then they will be liable. Mold Disclosure Requirements in Florida Florida also currently doesn't have any statutes or regulations that require a landlord to disclose high concentrations of mold that may be present in their rental property. However, federal law foes require disclosures when it comes to the presence of lead paint.

Final Thoughts

The best thing you can do is to read your lease very carefully. Make sure you do not agree that you are responsible for all plumbing issues, including an unintended leak that causes the mold. Since the entire situation with mold and landlords in Florida can be complicated, it never hurts to consult with an experienced personal injury attorney to see if you have a case. They can help determine if your landlord can be held liable for medical bills, lost wages, and even emotional pain and suffering due to the mold and exposure to the mold in your rental home.