Civil litigation arises often and you should be ready. If you own, manage or maintain any New York State private or public property that has had a moisture intrusion event, mold growth, resident/occupant complaint, or a due diligence request you need to know if this law applies to you. Mold problems in buildings are a result of water and moisture problems. If the tenant decides to bring a case to the Housing and Conditions Court against the landlord, the judge may order the landlord/home owner to reimburse your cost for the mold assessment. When dealing with landlord tenant law and mold issues, there are basically a few major mold remediation laws and guidelines laying out how these types of cases should be handled. Massachusetts - Massachusetts doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. The first step to getting rid of mold is to find the moisture that is causing the mold. Secondhand Smoke in Apartment Buildings; Mold growth is common in the Pacific Northwest and extremely troubling. 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. TOXIC MOLD. Mold in rentals is a joint issue of tenant-landlord liability, responsibility, and prevention. You and your landlord are both required to take certain action to prevent mold growth and remedy the causes of mold growth. In California, a verbal warning from the landlord about the presence of mold in the dwelling is not sufficient; the mold disclosure must be made in writing. It would only apply if an underlying plumbing problem that caused the mold. This packet contains information about how to respond to a mold issue in your rental housing. Lawsuits Won Against Mold Here are some examples of lawsuits resulting 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. Sometimes disputes occur when landlords don’t want to pay. When tenants find mold in an apartment or rental house, they usually want the landlord to pay for mold removal. Consequently, a landlord in Georgia most likely has to remove black toxic mold from your apartment. You can also report mold and any chronic leaks from pipes, improperly working drains, or roof leaks, to the NYC Dept. Now, state law considers mold a condition of substandard housing. HSC §26101. Often, that means that you need to ventilate your rental, run exhaust fans, keep items from touching the walls, and reduce moisture in the air. The renter’s responsibility for mold in apartment. 1. For many of these reasons, water damage and mold contamination cases can be difficult for owners to resolve on their own. Exposure to mold can lead to a wide range of health problems and mold in apartments can damage your furnishings and other personal belongings. Mold Information for Tenants fact sheet, p02069c (PDF): Basic information for tenants dealing with mold concerns. You are required by law and by your rental agreement to do what you can to prevent mold growth. The bad news is that there is no federal law regarding the exposure limits to mold. The law in Georgia isn’t clear, but case law suggests that the presence of black mold may make an apartment unfit. rental unit is a relatively easy problem for a tenant to solve. Mold tends to worsen when left unaddressed, and it's your property that's at stake. 1. Mold laws are designed to protect tenants from living in infected homes and becoming seriously sick. Toxic Mold Law. 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. This law applies to both houses and apartment units. Downloading or sharing legal forms and law outlines; Dismiss Notice; Mold in Apartment Discussion in 'Other Residential Landlord & Tenant Issues' started by ayaple, Nov 3, 2008. HSC §26100. Molds are found in virtually every environment and, can be found indoors and outdoors year round. This chapter shall be known, and may be cited, as the Toxic Mold Protection Act of 2001. A mold attorney in Orlando Florida, and a mold attorney in Florida can tell you that breaking a lease due to black mold in Florida may result in a small claims lawsuit or perhaps in a more significant lawsuit for damages over $8,000. Apartment Mold. General Provisions. 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