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Bringing a Small Claims Case Against Your Landlord If the damage caused by mold in your rental is somewhere between $3,000 and $10,000, you might be able to sue your landlord in small claims court (every state has a different cap on how much you can sue for in small claims court).
How much is a mold lawsuit worth?
Mold has caused you pain and suffering. Where there is little injury, property damage, or inconvenience, tenants have recovered anywhere from $3,000 to $10,000. Some tenants have won high-dollar judgments and settlements against landlords where the injury or property damage was severe.
How much can you sue for mold exposure?
Small Claims Court Lawsuits Involving Mold If you have mold-related losses (for a health-related problem or property damage), you might be able to sue your landlord in small claims court, if your claim is in the $3,000-$10,000 range, (the small claims court limit in most states).
How long does a landlord have to fix a mold problem?
Seven days is usually what courts deem as a reasonable length of time to repair a problem, like mold. However, courts can extend or shorten the timespan depending on when the landlord received the notice, the severity of the mold problem and the availability of mold removal labor and equipment.
How do you prove mold is making you sick?
A blood test, sometimes called the radioallergosorbent test, can measure your immune system’s response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies.
Does mold make a house uninhabitable?
Mold, Mildew, and Water Leaks Not all water leaks amount to a “major issue” or immediately make a property uninhabitable. This falls into the category of environmental hazards, which can also include exposure to lead paint dust (common in older properties) or asbestos insulation.
Is mold a health code violation?
Alternately, all housing enforcement officers can be trained to identify mold as a potential violation of building and health codes. 18 The existence of mold is not technically a violation of the state’s rental housing code, but the training stresses that mold is a symptom of other problems.
Can a doctor test you for mold exposure?
There are no proven tests that show when or where you may have been exposed to mold. However, your doctor may check for mold allergies by reviewing your symptoms and performing one of the following tests: Blood test.
What are the symptoms of long term mold exposure?
Mold is also known to cause asthma and life-threatening primary and secondary infections in immune-compromised patients that have been exposed. Toxic mold exposure has also been linked to more serious, long-term effects like memory loss, insomnia, anxiety, depression, trouble concentrating, and confusion.
Can mold make you mentally ill?
Mold toxicity can manifest in different ways in people. It’s more commonly linked to physical problems, such as difficulty breathing, fatigue, and headaches, but research shows that it can present itself in a psychiatric way, too. This includes brain fog, depression, anxiety, problems concentrating, and insomnia.
What should you do if you are exposed to mold?
Options include: avoiding the allergen whenever possible. a nasal rinse, to flush mold spores out of the nose. antihistamines, to stop a runny nose, sneezing, and itchiness. decongestant nasal sprays, a short term remedy for congestion. nasal corticosteroids, to reduce inflammation. oral decongestants, to reduce congestion.
What are the symptoms of being exposed to black mold?
The most common symptoms of mold exposure include: Coughing. Postnasal drip. Sneezing. Dry, scaly skin. Itchy eyes, nose, or throat. Nasal congestion.
What is toxic mold syndrome?
Toxic mold based illness is a very prevalent and under diagnosed condition that can manifest in many different ways, including with symptoms that are exclusively psychiatric, such as depression, anxiety, attentional problems, brain fog and insomnia.
How long does it take to detox from mold?
It can take 24 to 48 hours to properly ventilate and dry the area. If you suspect mold in your HVAC system, turn off your heating and cooling system and contact an HVAC professional immediately.
What kind of doctor do you see for mold exposure?
You should first consult a family or general health care provider who will decide whether you need referral to a specialist. Such specialists might include an allergist who treats patients with mold allergies or an infectious disease physician who treats mold infections.
What are unfit living conditions?
The legal definition of an unsanitary living condition can vary from state-to-state and even county-to-county. However, generally speaking, these definitions might include but are not limited to: excessive dirt or filth in the home. improper building construction or poor maintenance of living quarters.
What makes a house legally uninhabitable?
Defects or conditions such as a missing window, broken front security gate, absence of deadbolt locks on exterior doors, a defective electrical outlet, something unhealthy like cockroaches or mold, dangerous criminal activity particularly gangs, drugs and burglaries, an unlit stairway , stagnant swimming pool, an.
What makes a house unfit for human habitation?
An issue which makes a property uninhabitable is whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories. Also, if a tenant is unable to prepare food, cook food or wash up after dining, the house may be uninhabitable.
What is the landlord’s responsibility for mold?
NSW Fair Trading says who is responsible for fixing mould issues in a rental property depends on the cause of the problem. “If the mould is not the result of the tenant’s neglect to clean and keep the premises reasonably ventilated, then it is considered the landlord’s responsibility to repair,” the spokesperson said.
Who do you call for a mold problem?
Call a Pro for Mold Removal: If you can smell mold, but you can’t find the mold or moisture problem. If there is so much mold that you can’t remedy the problem easily. If there are highly susceptible individuals in your home.
What does bad mold look like?
Look for visible growth: While toxic mold often hides in your walls, crawlspace, or attic, sometimes it is out in the open, too. Toxic mold can also have a grayish, soot-like texture, or a slimy, wet surface. In some cases, you may even notice furry orange or brown spots.
