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Landlord Failure to Remediate Mold – Your Right to Sue


Landlord Failure to Remediate Mold – Your Right to Sue attorney lawsuit lawyer habitability

In California, just like in almost every other state in the country, tenants are entitled to living spaces that are safe and clean – and that present no health risk. Unfortunately, many landlords do little to nothing to ensure that their properties are habitable, which can put tenants in significant risk of harm. A common issue is mold.

Is there mold in your rental apartment or house? If your landlord failed to take action to remediate the mold present on the rental property, then you might have grounds to file a lawsuit. For more information about the legal options available to you if you were exposed to mold in your rental home, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.

Here at Downtown L.A. Law Group, we are a law firm experienced in landlord-tenant cases. We are on your side. We know the difficulties that tenants face when dealing with rental properties – and we want to help you. If your landlord failed to remediate mold and is essentially forcing you and your family to live in dangerous conditions, our lawyers are more than ready to evaluate your claim and provide you with the guidance that you need to win. If you are ready to discuss your rights and what you could potentially recover with the experts at our law firm, do not hesitate to contact our lawyers today.

What Responsibility Do Landlords Have Towards Tenants?

There is something called the warranty of habitability, which is outlined by California’s Civil Code 1941.1 (and applies to landlord-tenant relationships even when not explicitly stated in rental agreements). This essentially outlines certain requirements that landlords must meet for their rental properties to be considered habitable. According to the implied warranty of habitability, landlords are required to keep their rental homes free of any toxins – including mold.

If landlords breach the warranty of habitability, they could be sued. For more information about your right to file a lawsuit against your negligent landlord, do not hesitate to contact the experts at our law firm as soon as possible.

The Dangers of Mold

Mold grows in damp areas of properties and quickly spreads. Unfortunately, exposure to mold can lead to serious health issues. You could identify mold by the spores that usually appear in damp areas, like bathroom ceilings, near windows, and damp basements, for example. This typically comes with a specific smell (which can be musty). The mold spores can be either black or white in color and are airborne – meaning that they can travel from room to room spreading the mold even further. Because mold spores are airborne, they can easily enter the respiratory system, creating a number of health issues, including but not limited to the following: dizziness; lack of energy; headaches; coughing; runny or watery eyes; rashes; difficulty breathing (and other respiratory problems); asthma; hemorrhaging; etc.

Mold is often a sign of other issues on the property, which could include leaks in plumbing, in the ceiling, or even in appliances. In many cases, water damage in a home can also mean that there is mold present. In fact, mold can often be found in places where water damage exists, like behind washing machines, refrigerators, near windows, behind curtains, etc.

What if there’s mold in your rental home? Your landlord should have addressed all issues, including mold issues, prior to you moving into the property. Unfortunately, this does not always happen. Regardless, your landlord should quickly address the situation – he or she must hire professionals to address the mold and potentially provide you with other living accommodations while the mold is being removed from the property. Can you remove the mold by yourself? Although it might seem easy enough to wipe mold away from a surface, doing so is not recommended

Landlords Are Not Always Responsible

Although landlords definitely have a duty to keep their rental properties free of any mold and habitable, in general, they might not be responsible under some circumstances. That is, landlords might not be liable if the mold was caused by the actions of the tenant or if the landlord was completely unaware of the presence of the mold. If you are unsure of whether your landlord could be found accountable, contact our experts immediately.

What Can I Do If My Landlord Breached the Warranty of Habitability?

If your landlord breached the warranty of habitability and failed to keep the rental property free of mold (and, of course, was aware of the issue), then the landlord could be held responsible – for the uninhabitable conditions and for any harm occurring as a direct result of the uninhabitable conditions. What does this mean? This means that affected tenants could sue their landlords. You could sue your landlord for medical expenses, lost income, mental and emotional harm, and more. You could even sue for any financial burden that you faced after having to relocate to get away from the mold, for example. For more information about the legal options available to you against your landlord for the failure to remediate mold, do not hesitate to contact our experts immediately.

Landlord Failure to Remediate Mold – Your Right to Sue attorney lawsuit lawyer habitability sue
Your Right to Recover Compensation

As briefly mentioned above, you could have grounds to sue the landlord for medical expenses, lost income, mental and emotional distress, and more. Depending on the details surrounding your specific claim, you could be entitled to compensation for everything mentioned above, as well as property damage, punitive damage, and legal fees. For more information about the specific value of your lawsuit for the failure to remediate mold from your rental home, do not hesitate to contact our experts as soon as possible. Our lawyers are ready to help you sue and recover the highest payout available.

Contact Us Today

Were you or your family harmed as a direct result of your landlord’s failure to remediate mold present on your rental home or rental apartment? If so, you might have grounds to sue. Here at Downtown L.A. Law Group, we are ready to help you. Our lawyers have many years of experience handling landlord-tenant claims, always fighting for the rights of tenants who have been wronged by their landlords. If you are interested in learning more about your rights and your legal options, do not hesitate to contact us today.

To remain accessible to all, we offer free legal services. These free legal services include free consultations and free second opinions, during which our experts will provide you with absolutely all the information that you need to begin or continue your mold claim against your negligent landlord. If you are ready to benefit from these free legal services, contact us today.

Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal costs. Because we work on contingency, our clients will actually never pay anything until after winning their claims. This means that if you don’t win, you will not be responsible for paying anything.

If you are ready to speak with our experts, contact us today.


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