Quick Answer: Can I Sue My Apartment Complex For Mold?

Can you sue an apartment complex for black mold?

Yes, you can sue your landlord for mold issues.

Whether you’ve just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation..

Is my apartment complex responsible for mold?

Mold and the Landlord’s Duty to Maintain Habitable Premises Even if your state or city doesn’t have specific mold laws, your landlord could still be liable for a mold problem in your rental, as a result of landlords’ responsibility to provide safe and livable housing.

Can I get out of my apartment lease if there is mold?

Legally, you’re not allowed to repair and deduct, withhold rent, or break your lease if you caused the mold problem. Make sure to promptly report spills and leaks to your landlord, and, if you do notice mold anywhere in your apartment, let your landlord know in writing before it becomes a more serious issue.

How do you prove mold is making you sick?

How are mold allergies and exposure diagnosed?Blood test. Your doctor takes a blood sample and then sends it to a laboratory to measure the number of certain antibodies, which can indicate your immune system’s sensitivity to different mold species.Skin prick test.

Can I take my apartment complex to small claims court?

There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you. You cannot sue to force the landlord to do or not do something (called “injunctive” relief).

Can a landlord paint over mold?

Just painting over mould with normal paint will not work, the mould spores will actually feed on the new paint and the mould will grow through the paint, in fact it can actually make the problem worse depending on the type of mould. … That will remove the mould and kill any spores so it won’t come back.

How do you kill black mold?

Alternatively, you can use a chemical-based mold and mildew remover, all-purpose cleaners, bleach or dish soap. Spray the black mold and let the mixture sit for about 30 minutes to one hour. Scrub the area with the black mold using a sponge and the solution of your choice.

How do I get rid of mold in my apartment?

Mold on hard surfaces can be cleaned with “commercial products, soap and water, or a bleach solution of no more than 1 cup of bleach in 1 gallon of water,” per the CDC’s recommendation. Any time mold is being cleaned, non-porous gloves and eye wear should be worn, along with a mask.

How do you know if mold is behind drywall?

To tell if black mold may be growing in your home, just follow your nose. A musty, earthy smell, like dirt and rotting leaves, is a telltale sign of mold’s presence.

Can I sue my apartment complex?

When to Sue a Landlord If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease. If you sue while you are still living in the apartment, you do risk the landlord trying to retaliate against you.

How do I file a lawsuit against my apartment complex?

How to file a small claims lawsuit against your landlord or…Try to resolve the issue. If your tenant or your landlord has wronged you, your first course of action should be to try to resolve the issue before going to court. … Look up your state laws. … Find out Your state’s limits. … Determine whether you can use a lawyer. … Understand the terms. … Watch the clock. … File your complaint. … Wait.More items…•

What does toxic mold look like?

Black toxic mold is also known as Stachybotrys chartarum and is dark black or sometimes dark green. It is a highly toxic form of mold commonly found in attics. This mold releases mycotoxins which are toxic chemicals that are present in mold spores that get released into the air and can then be inhaled.

How long does it take for mold to affect you?

Personal experience at water jobs: Mold does not seem to grow on every job in 24 to 48 hours. Personal experience on mold jobs: The labs take 48 to 72 hours to grow mold under ideal conditions. Non-scientific experiment where mold was not visible until day 18. The guidance documents imply 24 to 48 hours for mold growth …

How do you treat mold sickness?

TreatmentNasal corticosteroids. These nasal sprays help prevent and treat the inflammation caused by an upper respiratory mold allergy. … Antihistamines. These medications can help with itching, sneezing and runny nose. … Oral decongestants. … Decongestant nasal sprays. … Montelukast.

Does bleach kill black mold?

A bleach solution also works to kill mold. Mix one cup of bleach in a gallon of water, apply to the surface and don’t rinse. You can also add a little dish soap to the bleach mixture to help the bleach penetrate porous surfaces, such as grout. When adding soap to the mixture, be sure to rinse after application.

How much money can you get for suing for emotional distress?

You can recover up to $250,000 in pain and suffering, or any non-economic damages.

Can you call the health department on your apartment?

If there are health or safety issues at the property that are breaching the warranty of habitability, the tenant can contact a local agency regarding the problem. Learn how to report a landlord to the health department.

How do you detox your body from mold?

Cholestyramine and activated charcoal. They adsorb mycotoxins and remove them from your body. Cholestyramine is particularly effective, but you’ll need a prescription for it. You can get activated charcoal here. Make sure to take these toxin binders at least 60 minutes away from other supplements.