Understanding Your Rights with Mold and Mycotoxins in Rental Properties
Mold and Mycotoxins can pose significant health hazards
The existence of mold or mycotoxins in a rental property can pose significant health hazards and drastically affect their living standards. Hence, it's vital for tenants to be aware of their rights and possible legal solutions in such circumstances.
Breach of Warranty of Habitability
This legal doctrine obliges landlords to keep rental properties in a state suitable for human living. If a landlord neglects to resolve mold or mycotoxin problems after being informed, a tenant may file a lawsuit for breach of this warranty. The tenant could be eligible for a rent reduction, compensation for discomfort and annoyance, and in certain cases, the expense of temporary accommodation during remediation.
Constructive Eviction
If the mold or mycotoxin problem is so extreme that the tenant can no longer reside in the property, they may claim constructive eviction. This implies that the landlord's failure to upkeep the property has effectively "evicted" the tenant, permitting them to terminate their lease without penalty.
Negligence in Handling Mold Issues
If a landlord was aware or should have been aware of a mold or mycotoxin problem and did not address it, resulting in harm to the tenant, the tenant may file a negligence claim. Damages in a negligence claim can cover medical costs, lost earnings, property damage, and pain and suffering.
Landlord Retaliation from a Mold Issue
Landlords are generally forbidden from retaliating against tenants who exercise their rights, including raising mold or mycotoxin issues. If a landlord attempts to evict or otherwise penalize a tenant following such a complaint, the tenant may file a retaliation claim.
Reporting to the Local Health or Building Department
If a landlord neglects to resolve a mold or mycotoxin problem, the tenant may report the issue to their local health or building department, which can mandate the landlord to rectify the problem. It's crucial for tenants to record all interactions with their landlord regarding the issue, monitor any health issues or property damage, and seek legal advice if necessary. Keep in mind, that laws differ by location, so local regulations should be checked for specific rights and remedies.
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MSCPA’s commitment to delivering fast, high-quality project outcomes, combined with our extensive knowledge and experience makes us a valuable resource for anyone dealing with mold and mycotoxins. Contact us today to discover how our expertise can help your case.
