I want to file a police report about that to document it. Good idea?
There seems to be a better avenue for renters in Miami.
A couple FL licensed attorneys describe a tenants rights, along with how to seek a legal remedy.
Read their comments and find yourself a local attorney specializing in mold and tenants rights.
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Mold is an extremely dangerous environmental hazard that can cause a wide range of health issues and, unfortunately, it affects more homes than you might expect.
www.comfyLiving.net is an online resource for home décor, renovations, and trends, reported that an estimated 70% of all homes in the US have at least some traces of mold.
Due to its attraction to warm, humid environments, mold is a grave concern for residents of Miami – especially renters in apartment buildings who have limited control over common areas and trust their landlords to tackle maintenance and repairs.
If you suffer from a medical condition that you think is linked to dangerous mold in your apartment complex, you may have options for recovering compensation. Time is of the essence with these cases, so retain a Miami premises liability lawyer asap for help with the legal issues. You should also familiarize yourself with mold infestations and your rights.
Dangerous Mold and Implications for Your Health
Mold can thrive in Miami apartment buildings, especially wall paneling, paint, window treatments, upholstery, carpet, ceiling tiles, and paper refuse. Many types of mold may not cause harmful health effects, other than an unpleasant aroma. However, there are numerous strains that can lead to horrific medical complications, such as:
Skin rashes and irritation;
Nausea;
Asthma and other respiratory issues;
Cognitive difficulties;
Nose bleeds;
and others.
Landlord Legal Liability for Mold Injuries
There are multiple theories of liability under which you may be able to pursue your landlord for mold-related losses. The first is Florida's statute on the landlord's obligation to comply with local building codes and maintain the apartment complex in good repair. The existence of mold may indicate a violation of the law; this does not automatically prove your claim, but failing to comply with the law could be an indication of negligence under premises liability concepts.
In addition, historically, landlords have been required to provide safe, habitable premises for tenants. The duty at common law includes properly maintaining shared spaces, as well as ensuring individual units are in good condition when the tenant takes possession. Failure to comply with the common law duty may also be proof of negligence.
Special Considerations Regarding Your Legal Options
You should keep in mind some key points that could affect your premises liability claim for mold in your apartment building.
Your rights are limited if the mold is confined to your individual unit and was caused by your own behavior.
Some landlords include mold clauses in leases, releasing them from liability if you suffer from mold-related health issues.
These provisions are not always enforceable, but can complicate your case.
Renters Have Rights When Exposed to Mold in Miami Apartments
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It's important to know that, in Florida, residential landlords are responsible for preventing the development of mold in their apartments. When you first notice the development of mold, it's very important that you report it to your landlord right away.
If the landlord does not take care of the issue, and you or someone in the apartment becomes ill, the landlord can be held liable for those damages.
This can result in claims for rent repayment, rent reduction, the cleaning or replacing of the tenant's property if it was affected by mold, and the remediation of the mold.
All that said, it's important to note that it's the tenant's responsibility to report the discovery of mold as soon as possible.
If the tenant withholds that information, and later files a personal injury claim against the property owner, the landlord can use the tenant's procrastination as a defense against the claim.
This makes mold-related insurance claims a bit dicey.
If the mold has existed for a long period of time, a landlord could claim that you knew of the mold and were withholding information, even if you hadn't noticed it until recently.
In circumstances like these, an insurance claim or tenant rights attorney is ready and able to assist you in prosecuting your claim.
For Mold in Apartments Tenants Rights Exist to Protect You
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