If any of these occur, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, ... summary of Florida’s Landlord/Tenant law. Can You Sue Your Landlord for Black Mold? Can I Sue My Landlord For Mold Exposure? Let’s look first at non-toxic black mold. Non-toxic black mold. I’ve found that sending a formal letter to my landlord or trying to negotiate works most of the time. In Florida, the landlord is responsible for taking reasonable steps to keep the property mold free, and for removing mold once he becomes aware of its presence. You can sue a landlord who fails to respect your privacy and “quiet enjoyment” of your home. California was the first state in the country to pass a law dealing with toxic mold in residential rental property, according to RentLaw.com. Around 1.4 million people are currently living in poor quali… In Florida, a landlord cannot lock out a tenant (83.67(2)). A tenant residing in Florida has certain legal rights when the landlord fails to maintain the premises. Some of the more common reasons a landlord can sue a tenant include: Unpaid Rent: If a tenant has not paid their monthly rent, you can first send them a notice to pay rent or quit. Mold Growth On Ceiling Can a landlord sue a tenant for mold growth?. i rented for 8 yrs. Mold is an environmental hazard that can cause concern among renters. This brochure is not intended for the purpose of providing legal advice. It is important that the contact is in writing for documentation purposes. Violation of Lease Agreement. I hope she gets justice, you sound just like my pathetic excuse for a landlord. When your landlord breaches these duties, you may be able to sue the landlord for damages, which can include emotional distress damages. The most common type is Cladosporium, which is most frequently found on living and dead plants, both inside and outside. You also have the additional difficulty of living in Florida where mold is practically everywhere due to the moist, warm climate. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. Is a Landlord Responsible for Mold in a Rental House?. When landlords violate health and housing codes, they can be found negligent in a lawsuit. If you’re like most tenants in California, you probably aren’t trying to create a problem with your landlord. For example, you want the landlord to fix a mold issue in the bathroom. In many states, before you can successfully sue a landlord for mold-related damages, the law might require you to give your landlord a reasonable amount of time (or a certain number of days) to remedy the problem. Due to the warm and humid climate in South Florida, it is common for tenants to have roof leaks, air conditioning leaks and pipe bursts all of which introduces water into the property. Landlords can now be taken to court over 29 hazards including inadequate ventilation and light and serious mould and damp caused by structural problems. MORE renters than ever before will be able to take their landlords to court over problems including cold and damp homes from next month. 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.. State Rules Differ . Roaches are also a part of the landlord’s duty to maintain the premises. Official Florida Mold Removal Requirement Information What are the requirements for a mold remediation in FL? And shame on you for finding excuses to evict. Make it clear in this letter that if this issue is not remedied, you plan to file a lawsuit against the landlord. Although, as with just about everything in life, there are pros and cons; or sometimes a proverbial silver lining especially...Read the rest of this entry Mould can be caused by penetrating damp, rising damp or condensation; all can be a problem, but the type of damp will have an effect on what claim can be made. It is likely a court will take notice that Florida is a warm state that furnishes a climate in which mold could become a problem if untreated by the landlord and/or the tenant. California tenants can sue their landlord for a variety of reasons. Broadly, if the damp is caused by disrepair, it is the landlord’s responsibility and, if they will not repair it, the tenant may be able to sue landlord for mould and damp compensation. Can I File a Lawsuit? She still can sue u with documents and pictures. 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. If the Cost Doesn’t Add Up. 5. My tenant is threatening to sue me for his health issues that he has been dealing with recently. He claims they are from mold damage in my income property but only recently brought the mold issue to my attention. At the same time, you can also sue them for any rent they owe. Mold fr. There is currently no federal law covering a landlord's responsibilities when it comes to mold. When you search for a rental house or apartment, you generally look for a place that's affordable, in decent shape, close to work, and suitable to your personal needs. a water leak was covered up twice, heating never worked on 1st of 3rd floors, reported a gas leak 3 mos. 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