NEW! Do you have a mold story to share? Perhaps you are in the middle of a major mold crisis and you could use some help or advice. Or, perhaps you've fought mold and won (or you're still fighting!) and have a story to share. We want to hear from you! Share your story today.
Do you have a serious mold problem in your home or office building? Would you like some professional help? If so, request a remediation consultation.
Mold Legality Information
What Do I Do Before Filing a Claim?
If you are considering a toxic mold lawsuit, and want to know where to start, look at your situation. Just because you may have been harmed by Stachybotrys, you may not have any legal claims.
You need to decide if you believe you are eligible for compensation.
If you answer yes, based on health issues or property damage, you will then need to take into consideration several factors.
Important Factors Regarding Your Claim
You must be aware of the Statute of Limitations regarding your claim. Filing as soon as you know the cause of your ailment or house’s condition will ensure you fall within the limitations.
You must also establish that you were exposed to Stachybotrys at a specific location so that the suit can go forward against a specific building owner, contractor, or insurance company.
Often, mold testing is needed for this. Finally, once you know what is causing the problem and where you located the problem, you need to know who the responsible party is.
An attorney will be trained at determining who is responsible to pay for the damage, as long as you meet the first two criteria.
While filing suit will not solve your health or home problems, it does bring the problem into the publics’ view so other responsible parties take the threat of mold in the environment seriously.
Further Recommended Reading :
Joslyn from the MoldBlogger Team
Like this post? Pass it along!
hello i have a serious mold infestation problem. I have notified my apt managers many times and still nothing has been done. My oldest son has been having trouble with asthma could the mold be the cause of this. not to mention it looks like its enbeded on their skin. we find mold all over the house and it has destroyed a lot of my items. What do i do please help!!
andrea hayes on November 19th, 2009i have noticed mold in the bathroom for 2 years now. the landlord had a company come in and look to eliminate the mold. he doesnt want to spend the money. do i have any legal recourse to make him fix the mold? i have been told it is black mold although no lab has actually tested it.
kimberly mcgowan on March 15th, 2010hello im a dc resident i have been dealing with this stachybotrys issue for three yrs my landlord refuses to fix the issue the proper way she did however have some parts of the affected area were removed from the utility closet which is where the ac unit is that recirculates the air inside my unit in other words we were exposed to even more spores i have contacted DCRA,EPA,AS WELL AS DC HEATH DEPATMENT NONE OF THESE OFFICES R TRAINED TO DEAL WITH MOLD ISSUSES I HAVE BEEN GIVIN SEVERAL NUMBERS TO CALL ONLY TO FIND OUT THAT DC DOES NOT HAVE A SPECIFIC OFFICE THAT DEALS WITH TOXIC MOLD SO EVERYONE WHO I HAVE SPOKEN WITH ADVISED ME OFF RECORD TO SEEK AN ATTORNEY I WAS ABLE TO GIVE DOCUMENTS AS WELL AS EVIDENCE TO THIS ATTORNEY BUT THAT WAS BACK IN MAY ITS NOW JULY 2010 AND MY CHILD IS SCHEDULED FOR SURGERY TO HAVE HIS ADENOIDS REMOVED BECAUSE HIS THROAT IS CLOSING UP FROM CHRONIC SINUSITIS IN OTHER WORDS IF MY CHILD DIDNT TELL ME HE HAD A HEADACHE THE DOCTORS WOULDNT HAVE FOUND THIS OUT AND MY CHILD COULD HAVE STOP BREATHING IN HIS SLEEP AT ANY MOMENT AND I WOULD HAVE NOT KNOWN WHAT THE REASONS FOR HIS LOSS OF OXYGEN HE HAS LIL BLACK LEISIONS ALL OVER HIS ARMS LEGS AND BUTTOCKS AND STOMACH AREA I BELIVE MY CHILD IS NOW TOXIC FROM THIS MOLD AND KAISER IS MY PRIMARY CARE INSURANCE AND THEY KEEP TELLING ME THERES NO WAY TO TEST MY CHILD FOR MOLD EXPOSURE AND NO MEDICAL INFORMATION THAT THEY CAN GIVE ME FOR MY SONS VERY BAD COUGH THATS DEEP IN HIS LUNGS GRANTED HES HEAVY FOR A 8 YR OLD CHILD BUT THAT DOES NOT EXPLAIN HIS COUGH SOUNDING LIKE AN 90 YR OLD WITH LUNG DIESEASE IM CRYING OUT FOR SOME ADVICE INFORMATION AND HELP SOMEBODY ANYBODY PLEASE HELP US
keyonna jones on July 1st, 2010keyonnajones_23@yahoo.com
This is why I wont rent to anyone anymore, because of lawsuits for stupid things like mold. I have let people out of thier leases due to mold, but when you tell me that its my fault that you are sensative to mold, and want to sue me, that is what makes me angry. People want to sue, because they want something for nothing, I guess you should sue mother nature because of pollen !!! Mold is in every home at some amount. Every bathroom has some mold, it is not all dangerous to your health, cheese has mold, hmmmm the real American Dream, sue someone to make your fortunes
Aky on March 21st, 2011OKAY first of all! IT IS THE LANDLORDS fault if there is mold in a home you rent out! They are entitled to sue. When they come to your place to rent they expect they are getting a CLEAN SAFE enviorment. I once rented an apartment that had Mold. I was seriosly ill along wtih my little girl. You bet your butt I did something about it. How would that mold be my fault after I moved in? Because I just made it appear? Come on dude!
Joannah on March 27th, 2011Wow not very nice. We have been living with a severe mold problem for 2 years. My husband has been in hospital 2 times because of it. All of our furniture has to be thrown away. My landlord has not even attempted to fix. Everytime it rains it pours in our upstairs bathroom through our walls down to bottom floor bathroom. Have you ever hear of of the word slumlord.We are not sueing him we just want out! we are leaving without our $1000 deposit, just because NO NOT EVERYBODY had that american dream to sue people. sometimes they need to get what they deserve for all the medical and personal problems. But just remember this the real dream is to treat others as yo want to be treated themselves!!! Karma is a true bitch! Don’t ever forget that! I will give you my landlords name and number, you would be best friends!!! You can start a club SLUMLORDS UNITED!!!! Have a great day and stay healthy!!!
chris on April 23rd, 2011Wow aky are you kidding me!!! Yes it is the landlords fault…probley a good thing you don’t rent to ppl anymore if you think its ok to rent out mold infested homes! We as tenants enter your bs rental homes trusting that you have made it safe and habitable! It’s not about a free paycheck, its about teaching a holes like you not to be slumlords, it sounds to me like you are the one trying to make a fortune from nothing by being a selfish prick and not caring that you are endangering lifes of ppl and kids all so you can have your monthly check, kharma will get you
brittany on July 28th, 2011I also rented a place from a slumlord. He owned several apartments and all were stinky with black mold. After a month in the apartment, black mold started climbing up the walls. My boyfriend dumped me because he said I was living in a dump. Carpenter ants invaded my housemate’s room and bit her!
Mary on September 19th, 2011When I told the landlord he got mad and said that if I moved I would not get my deposit back. I moved and did not get my deposit back. My roommate left all of her stuff because she is allergic to mold. She left and did not pay rent. How could I make her pay rent when she lost everything?
He was horrible and he called my work and complained that I was a bad person. I got harassed at work because of it.
I learned the hard way that I should have gotten an attorney like he did! I insisted that I would not want to sue any one. He was one slumlord that in hindsight needed to have the poop sued out of him.
I stored some of my furniture with a neighbor and he kept it. It was special stuff and I lost it forever.