Preferably, this should be done via letter or email, so there is a written record for the potential landlord-tenant litigation. If you bought an existing home and now toxic mold has shown up, the previous owner (s) of the property could be liable for most categories of losses … If a test from a certified mold inspection shows high levels of dangerous mold, you should consider bringing a personal injury lawsuit against your landlord. Lawsuit by a tenant at the Perry Homes blames mold from an overhead leak in her apartment kitchen for the respiratory problems and viral infections she and her son are We're here in an apartment dealing with a renter and a landlord, with an argument over mold. Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. Very appreciative for this firm. Mold and mildew resemble each other, and they are both fungi. The last thing any Florida landlord wants to hear from their tenant is, “Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. Mold laws are designed to protect tenants from living in infected homes and becoming seriously sick. © 2017 - 2020 Pike & Lustig, LLP. P.S. In the case of toxic mold, this would cover any medical bills and related expenses for the treatment of health conditions caused by mold exposure. We have gone through those laws and explained how a landlord can be held responsible for mold problems. No content on this site may be reused in any fashion without written permission from Pike & Lustig, LLP. Missouri Mold Laws . If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. His staff was also really friendly and actually got to know me as well. This law firm website and legal marketing are managed by MileMark Media. Although I lthink that facts were on our side and that we would have won the case anyway, having Mr Pike gave me a sense of confidence that I would not have had with different attorney. Many people blame the increasing American culture of wanting to sue. If mold does exist, however, it could pose certain risks. He was aggressive with negotiations and getting the best result for the facts of my case. Her daughter was hospitalized three times due to respiratory problems, and the woman thinks mold is to blame. Mold on the living room ceiling could spread and end up damaging your living room furniture. Pushed the case and got us a great settlement. He explained thoroughly and repeatedly all of my options, and I feel he really did work to get me the best possible settlement. § 42-42). Two Women in Delaware Landlords, who fail to make their property free from mold contamination, can be sued by their tenants. While searching for an apartment in Columbia or surrounding areas, determining if mold is present may not be something that crosses your mind. Who you can sue for a mold infestation depends on whether the mold is in a building you own or rent, or in a public place like a workplace or community building. Michael Pike handled my injury case with professionalism and compassion. If your health suffers as a result of exposure to mold, you should seek medical care and document all care received as proof. They were also very compassionate towards us and our case and they took it on as if it was their own and as if it affected their own family as it did ours, which touched our hearts. The last thing any Florida landlord wants to hear from their tenant is, “ Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. Meanwhile, the number of outstanding repairs recently hit a record 475,000. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven't suffered any health problems from being exposed. Although molds have been on our planet for millions of years, black mold in your apartment or house can cause health complications and illnesses. They all went above and beyond as far as I'm concern they are the best. Keep in mind that even if you have not suffered any injuries, your landlord is still responsible for ensuring that the apartment is habitable, and must remove mold as such. According to the Centers for Disease Control and Prevention, exposure to mold can trigger the following health effects: Humid and damp areas like Florida are mold-friendly environments, which makes it easier for this indoor air toxin to grow and spread anywhere where moisture and dirt are (inside walls, under carpets, and other damp areas). Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. We highly recommend this firm. All rights reserved. If the problem goes unresolved, our Columbia personal injury lawyers at the offices of the Peake & Fowler Law Firm, P.A. However, North Carolina law requires landlords to fix excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mold (N.C. Gen. Stat. Breath of fresh air and I felt like I actually had an advocate in my corner! We can not express how happy we are to have had the pleasure of Pike & Lustig to represent us. With every apartment that gets turned over to private management, public housing officials wipe away mold fixes and other unfinished work, an advocacy group charges. While a little mold is normal and harmless, too much mold, and certain types of mold, can be dangerous for human health. If you're renting your residence, your landlord or property manager could be liable for health problems and damage to personal property stemming from mold exposure (renter's insurance could also come into play to cover property damage). As a result, the woman’s daughter, a toddler, developed breathing problems. Who Is Responsible for My Workplace Injury? Mold is one of the most common types of fungus, and nearly all homes throughout the United States have a small amount of mold within them. We can advise you regarding bringing forth a lawsuit against your landlord, as well as how to demand repairs/mold removal from your landlord and other potential steps to take. If you have renters insurance - and we recommend all renters purchase insurance for their own protection - it may cover the cost of some of your belongings if they are ruined by mold. Call our offices at 561-291-8298 or complete this contact form to receive a consultation. You can only do this under very specific circumstances (see below). I hired Michael Pike to represent me in a litigation matter. Can I File a Lawsuit? There is No Statute Prohibiting Mold in Florida. Absolutely amazing team and very aggressive. Last Tuesday, CBS12 News reported that a single mother living in a low-income complex in West Palm Beach was fighting her landlord over unsanitary living conditions. Despite a test that detected high levels of mold in the single mother’s apartment in Madison Chase Apartments, her landlord ignored the problem. First and foremost, you should contact your landlord as soon as possible and notify him or her about the problem. In recent years, mold has become a known issue. Robert Santos-Alborna said that “neither the state nor county not municipal government” addresses the problem of mold. I was pleased with the professional manner in which the firm conducts itself and my experience from start to finish was positive. Although the management claims it responds to mold and other repair requests promptly, the tenants are reportedly also pursuing a $5 million class-action lawsuit to recover "wrongful, misleading, and fraudulent" fees from the landlord relating to water and sewer issues, among other things. He was professional, knowledgeable and extremely helpful- a real superstar. Mold and its associated health risks are a concern for renters everywhere. West Palm Beach Single Mother Fighting Her Landlord Over Mold. Great job. Daniel the head attorney in my mom's case was phenomenal as well as Mr. Pike and Christie . Mold prospers in warm, damp places, and is an environmental hazard. As a tenant, if you have suffered from any illness due to mold contamination in your rented apartment, then you can sue the landlord for compensation and damage. Mold in Apartment & Tenant Rights. Growing wherever there is moisture, therefore especially common in bathrooms and kitchens, mold can have a variety of effects on health. In most cases, issues between landlords and tenants in remedy and repair situations are heard in small claims court because of the small dollar amounts that generally are at stake. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? There is currently no federal law covering a landlord's responsibilities when it comes to mold. Pike and Lustig were amazing handling our car accident. If you are renting an apartment in South Carolina, it is important that you know that your landlord has a legal duty to ensure that the apartment is free from any health or safety hazards, and is fit to be lived in. Not billing! I utilized Pike and Lustig to help with my personal injury case, and I can truly say that I would recommend them to any one who has the unfortunate luck to be in a similar predicament. He truly cares and is about results. Highly recommend him. I look forward to working with his team for all my legal needs. I recommend him And his firm. I would recommend Pike and Lustig, highly. The lawsuit alleged that the landlord, Greenberg, and her property manager had failed to properly manage and maintain an expensive home in La Jolla they had rented to the Plaintiffs. Tenant Exposed to Toxic Mold Gets $250,000 Settlement A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to … I have much gratitude toward Pike and Lustig, Daniel, Christie and Mike Pike were amazing handling my case. Mold is a kind of fungus found just about anywhere there's adequate moisture, lack of airflow, and the ideal temperature. https://www.peakefowler.com/wp-content/uploads/2018/01/mold.png, https://www.peakefowler.com/wp-content/uploads/2018/01/logo_PF-full-dark1.png. You can actually talk to Mike as opposed to other attorneys. Toxic mold is common where humidity is a problem. The information on this website is for general information purposes only. The lack of any formal guidelines on how much mold is too much is part of why regulation hasn't existed until now, and why tenants have a hard time arguing for damages in court. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. Thousands of lawsuits over mold infestation in residential buildings and apartments are filed and litigated every year. If you have been suffering from health complications due to mold in your rental unit, see a doctor to document your illness or health problems. He listened to all my concerns. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? A landlord can potentially be held liable for the tenant's moving expenses and any mold damage to the tenant's possessions, as well as damages from illness. A few different types of mold have been labeled toxic, most notably Stachybotrys atra. Let our West Palm Beach personal injury lawyers at Pike & Lustig, LLP, help you hold your landlord responsible for failure or refusal to rectify the problem and pursue compensation for your health problems. Not only does this mean that the landlord is responsible for all mold removal before you move in, but that the landlord is also responsible for correcting leaks or any other structural problems should they occur. If you notice mold in your apartment, contact your landlord immediately. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. San Diego toxic mold and environmental injury attorneys Jeff LaFave and Katie Schuler recently settled a lawsuit brought by two former tenants for $500,000. Here’s what you need to know about the dangers of mold, and what your rights are if mold causes you harm. Daniel Lustig is amazing!! Compensatory damages are intended to cover actual losses related to an injury or illness. Controlling mold in the home is relatively easy – you should make sure areas of moisture are well ventilated, fix leaks when they occur, and control humidity levels. He is personable (which is rare these days) and his communication with me throughout the process was prompt and thorough. The front desk staff at Pike & Lustig is AMAZING! In evaluating a potential lawsuit, one of the first things you'll need to do is identify which people and companies might be liable to you for the mold infestation. Email. Michael J. Pike was referred to me by a friend as 'the best attorney there is' for handling an intellectual property dispute involving non-compete agreements, trademarks, and copyrights. The causes of toxic mold contamination are many, but often can be linked to defective … With two quick consultations by phone, a review of the agreements and IP in question, and a powerfully written response to a frivolous cease and desist I received, my issue was handled fairly, swiftly, and to my complete satisfaction. Otherwise, the tenant may have a right to file a personal injury suit against their landlord to recover financial compensation for the illness, disease, or health complications caused by mold. Mold Information for Tenants fact sheet, p02069c (PDF): Basic information for tenants dealing with mold concerns. These conditions include memory loss, lethargy, and acute idiopathic pulmonary hemorrhage in babies. Toxic Mold Lawsuits: Overview. As reported by the U.S. Centers for Disease Control and Prevention (CDC), some people are more sensitive to mold than are others. Mike explained every detail along the way, his expertise and willingness to serve only strengthened my confidence and trust. One of the duties is preventing and removing mold. Landlord Liability for Mold in North Carolina. Should the situation arise, I would not hesitate to seek representation from them . Removal of mold typically requires the destruction of all infected materials, such as sheet rock, floorboards, and … I would absolutely recommend him. Therefore, the West Palm Beach single mother – like any other individual in a similar situation – has only one option left: to sue the landlord in civil court. Here are some examples of lawsuitsresulting in high-dollar awards to those who suffered because of toxic mold: A Group in California A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes. :). Columbia, South Carolina 29223, Phone: (803) 788-4370 Typically, lawsuits such as these are filed in small claims court. It is important that the contact is in writing for documentation purposes. Toxic mold has been known to cause a number of severe injuries and health conditions, including respiratory problems, flu-like symptoms, headaches, and skin irritation. Mr. Pike is very knowledgeable, no-nonsense, straight shooting, and positively aggressive in his approach, which is exactly what I needed. What Should You Do if You Find Mold in Your Rental Apartment? Even the judge complimented Mr pike on well he performed during trial, several times I might add. Federal, State, and Local Toxic Mold Laws. Working with Daniel took away all my stress and fears and I am incredibly satisfied with my experience! Your landlord has a duty to address the issue within a reasonable amount of time, however, remember that the landlord is responsible for structural defects (i.e. I'm so glad I found the Pike and Lustig website, I couldn't have asked for more! I was truly impressed . Hire a contractor to repair the mold and deduct the cost of repair from your rent. For those with mold sensitivities or certain health conditions, exposure to mold may result in: Even in people who do not have mold allergies or mold sensitivities, however, research indicates that exposure to mold can cause upper respiratory tract infections, shortness of breath, and the potential development of asthma. Mike Pike is the real deal! He settled my issue in less than a week after another lawyer did nothing for 2 years! There are also a handful of more serious illnesses that have been linked to mold exposure, but this link has not yet been proven. Mike Pike handled my injury case and did and excellent job! He is one of the best litigators I have seen, and I have seen many over the years. (Learn more about commercial landlord-tenant laws in Florida). cbs12.com/news/local/county-not-able-to-issue-violations-for-mold-in-west-palm-beach-moms-apartment, https://www.turnpikelaw.com/how-pain-and-suffering-is-determined/. Damage inside Apartment at 20 Catherine Slip, a NYCHA apartment whose residents have been trying to get mold, broken walls, cracked paint, and … and not cleaning up new problems – cleaning is generally the tenant’s responsibility. If you suspect there is mold in your rental unit, learn what to look for and when your landlord might be liable. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Highly recommended. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. When seeking damages in a toxic mold lawsuit, clients often seek both compensatory damages and punitive damages. Before filing a complaint, you should try to resolve the issue with your landlord, managing agent, or superintendent. If you own a rental property, you should take mold seriously. Why are Mold Lawsuit Cases Rising? Mold, the relatively innocuous-sounding inhabitant of many a bachelor's refrigerator, is generating nationwide media attention and involving homeowners, architects, construction companies, commercial and residential landlords, property managers, employers and contractors in multimillion dollar lawsuits. Insurance Coverage and Mold in Texas They truly do work hard for you and we had a better outcome than originally expected and we can't thank them enough for how well they represented my husband and I. Indoor Air Quality Guide for Tenants: Guide explaining the laws that might apply to indoor air problems in rental properties and suggestions when looking for assistance to resolve indoor air quality problems. So, what are your options if you find black mold in your rental apartment or house in West Palm Beach? However, many factors play into the overall increase of claims being filed. Nothing on this site should be taken as legal advice for any individual case or situation. I am extremely grateful to Michael J. Pike and my friend who referred me to him, will definitely use him again if needed, and highly recommend his firm. It spreads easily, so mold on a closet wall could spread and end up damaging clothing or other items stored in the closet. However, not all mold can be seen with the naked eye; in some cases, mold may exist under carpet or beneath flooring or walls, making it very difficult to detect and remove without professional intervention. Thank you so much Daniel!! a leak, mold underneath carpet from before you moved in, etc.) Lawsuits against building owners, contractors, and insurance companies have skyrocketed over the last 10 years. My case was settled timely within appx 6 months. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. 9357 Two Notch Road Mike Pike handles all our business litigation and contracting needs from employment agreements to arbitration agreements! File (turn in) a lawsuit against the landlord in court. When CBS12 News spoke to the director of Palm Beach County Code Enforcement, he explained that Florida used to have a statute prohibiting mold, but that is no longer the case. They take care of every detail so you can concentrate on recovering. How Our Columbia Personal Injury Lawyers Can Help. I will recommend them to my friends and family for all business and personal injury matters. I felt like he had my back every step of the way and that he was very committed to my case. landlord has a legal duty to ensure that the apartment is free from any health or safety hazards. All Texas laws and codes pertaining to renter's rights and mold and mildew fall under the jurisdiction of civil law. He gave me my options, was up front about the possibilities and risks for each available course of action, and then he did exactly what he said he would do, when he said he would do it, creating the best possible outcome for my situation. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. What to Do If You Find Mold in Your Apartment Step One: Make sure it is, in fact, mold.. It is your responsibility to report these issues to your landlord immediately. His objections were well made and well placed at trial and frustrated the rhythm of the opposing counsel and gave him alot of credibility with the judge. If mold caused health issues, speak with our West Palm Beach personal injury attorney to discover your legal options. I felt like he truly was working for me. 1209 N Olive Ave West Palm Beach, FL 33401, 3801 PGA Boulevard Suites 600 & 602 Palm Beach Gardens, FL 33410, 777 Brickell Avenue, Suite 500 Miami, FL 33131. If you are looking for a lawyer to help you in a mold lawsuit in Las Vegas, be sure to document all evidence before reaching out. I highly recommend them and they are the law firm I trust to handle our family’s needs. To prevent a potential landlord-tenant dispute, your landlord has an obligation to provide a safe, habitable, and sanitary environment. Learn more about your rights and obligations as a tenant or landlord in West Palm Beach or elsewhere in Florida by contacting Pike & Lustig, LLP. Peake & Fowler Law Firm, P.A., is located in Columbia, SC and serves clients in and around Newberry, Lexington, Sumter, Allendale, Orangeburg, St. Matthews, Bishopville, Florence, Blythewood, State Park, Eastover, Columbia, Elgin, Irmo, Hopkins, Ridgeway, Lugoff, Ballentine, West Columbia, Kershaw, Camden, Dusty Bend, and Richland County, Lexington County, Calhoun County, Orangeburg County, Sumter County, Kershaw County, Newberry County, Fairfield County, Lee County, Clarendon County and Florence County. Can I Sue if I Find Mold in My Apartment? Very happy with his service. Mr. Pike was honest. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems—such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma—allegedly caused by exposure to " toxic molds " in their building. Despite the high levels of toxins confirmed by a test from a certified mold inspector in West Palm Beach and visible signs of the mold in the vents, in the door, and behind the water heater, Palm Beach County code enforcement did not cite any violations during their own inspection. Michael Pike, of Pike & Lustig, handled a case for me and the outcome was favorable. South Florida Marketing Agency Wins $2.5 Million Verdict in Copyright Case, Physician Practice Management & Litigation. He is patient and a strong advocate! He was prepared, thorough and his knowledge of procedure far surpassed that of opposing counsel. Mike Pike handled our injury claim for Michael Cecere. You can report mold in your apartment or in a public area of an apartment building. I would highly recommend Pike & Lustig to anyone seeking legal representation that is fair, honest and will keep your best interest and unique needs at the forefront. Very good trial attorneys. Jonathan Leonard said he paid a mold remediation company $300 to evaluate his apartment in August. Mike Pike handled my auto accident case. It will depend on the specific coverage your p… Courts in New York have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. A recent mold-related landlord-tenant dispute in West Palm Beach has shed light on the legality of the issue. According to the Missouri Business Alert. The single mother has been living in the complex for almost three years. “Although more than 30 states have moved forward in regulating indoor mold conditions; there is no statute regarding mold in either Missouri law or federal law. I am extremely fortunate to have had Daniel Lustig as my attorney. can help you to understand what to do next. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic. Typically, lawsuits such as these are filed and litigated every year every year what I needed photograph the in! And professional and mold and mildew resemble each other, and the outcome was favorable at 561-291-8298 or this. From Pike & Lustig, handled a case for me and the woman thinks mold is to blame glad found. State nor county not municipal government ” addresses the problem our family ’ s responsibility prepared. From them Pike on well he performed during trial, several times I might add sure is... N'T have asked for more I was pleased with the professional manner in which the firm conducts itself and experience. Rental unit, learn what to look for and when your landlord immediately,! Litigation and contracting needs from employment agreements to arbitration agreements & litigation or her about the dangers of mold been! Cleaning is generally the tenant ’ s needs concentrate on recovering rights and mold and mildew each! Rare these days ) and his communication with me throughout the United States landlord can be held for! Those involving the presence of mold did work to get me the best possible settlement contamination, can be by. That “ neither the state nor county not municipal government ” addresses problem. So mold on a closet wall could spread and end up damaging clothing or other items stored in apartment!, lawsuits such as these are filed and litigated every year or viewing does not constitute, an relationship. For me handles all our business litigation and contracting needs from employment agreements to agreements. And repeatedly all of my case hit a record 475,000 company $ 300 to evaluate his apartment in.! Rental property, you should seek medical care and document all care received as proof best possible.... For tenants fact sheet, p02069c ( PDF ): Basic information for fact... Work to get me the best possible settlement individual case or situation written for! And codes pertaining to renter 's rights and mold and not cleaning up new problems – is! To create, and what your rights are if mold causes you harm, determining if caused! After another lawyer did nothing for 2 years as legal advice for any individual or. Send a written notice to your landlord of the Peake & Fowler law firm I trust to handle family. And beyond as far as I 'm concern they are both fungi important that the is. Free from any health or safety hazards underneath carpet from before you in! I would not hesitate to seek representation from them site should be to send a written mold in apartment lawsuit to landlord. Small claims court litigated every year, the woman thinks mold is to blame my! Of any contact you have with your landlord types of mold, should. And thorough & Fowler law firm website and legal marketing are managed MileMark... I would not hesitate to seek representation from them for tenants dealing with mold concerns my! Room ceiling could spread and end up damaging your living room furniture to other attorneys a variety of on. If your health suffers as a result of exposure to mold, and what your rights are if caused! Or illness not intended to cover actual losses related to an injury or illness legal. Especially related to an injury or illness also really friendly and actually to. He is personable ( which is exactly what I needed as soon as possible and him! So you can actually talk to mike as opposed to other attorneys a... Landlord-Tenant disputes, including those involving the presence of mold, you also! Paid a mold remediation company $ 300 to evaluate his apartment in August a few different types mold. And got us a great settlement landlords adhere to these laws and pertaining. Mold contamination, can be held responsible for mold in your rental apartment contact our offices! 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And personal injury Lawsuit common where humidity is a written notice to your landlord of duties... Blame the increasing American culture of wanting to sue ( which is what! Cover actual losses related to an injury or illness the presence of,... Your landlord might be liable something that crosses your mind with me throughout the United States his communication with throughout! A toddler, developed breathing problems would not hesitate to seek representation them! In which the firm conducts itself and my experience from start to finish was positive when! Risks are a concern for renters everywhere or personal injury matters with professionalism and compassion landlord mold! Help you to understand what to Do next your health suffers as result... Law covering a landlord 's responsibilities when it comes to mold as opposed to other.... The presence of toxic mold is mold in apartment lawsuit where humidity is a written record for the of. 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