Discovering mold in your apartment can be disturbing. Most people are aware of the health risks associated with mold, and mold can also cause damage your belongings. As a tenant, you have the right to live in a safe and habitable environment. But what happens if your landlord tried to cover up the mold before you moved in? And what can you do if your landlord refuses to address mold issues in your apartment?
Understanding the problem with mold
Mold can develop in any area exposed to moisture, such as bathrooms, kitchens and basements. It can cause various health issues, including triggering severe allergies, respiratory problems and skin irritation. In Virginia, landlords are required by law to maintain rental properties in a condition fit for habitation, which includes addressing mold problems. When a landlord neglects this responsibility, it can lead to:
- Health hazards: Prolonged exposure to mold can exacerbate asthma and lead to other health issues.
- Property damage: Mold can ruin furniture, clothing and other personal items.
- Legal concerns: Failing to disclose or fix mold issues can violate tenant rights under Virginia law.
When a landlord fails to disclose a mold issue or refuses to fix a problem with mold after it has been brought to their attention, tenants in Virginia have rights.
Your rights and remedies as a tenant
If your landlord fails to address a mold issue, you have several options available to you under Virginia law. To protect your rights, there are some important steps that you should take. These include:
- Documenting the problem: Take photos of the mold and the damaged property. If you are experiencing health issues, visit a doctor and keep copies of your medical records. In addition, keep records of all communications with your landlord regarding the mold issue.
- Notify your landlord in writing: Provide written notice of the mold problem to your landlord and request that they fix it promptly. Your landlord has an obligation to remediate the mold using professionally accepted standards – which would include using qualified individuals to do the testing and remediation work.
- Get the property tested for mold: If you are not satisfied with your landlord’s response, you should get the property tested for mold by either an indoor environmentalist or a certified industrial hygienist. They can verify whether mold is present, identify the types of mold and provide a plan for remediation. The company you hire should be IICRC certified.
- Understand your lease: Review your lease agreement to see if it contains specific clauses about mold and maintenance responsibilities. However, keep in mind that a landlord cannot abdicate or assign its responsibility to provide a safe, clean and habitable property to you, regardless of what your lease may say.
If your landlord remains unresponsive, you can also contact the local housing authorities and the health department. If the problem persists, consult with an experienced tenants’ rights lawyer to explore your legal options.
When mold causes medical harm
If mold exposure has led to health problems for you or someone you love, you may have grounds for a personal injury lawsuit against your landlord. A personal injury lawsuit will allow you to seek damages for harm caused by a landlord’s negligence or wrongdoing.
In order to preserve a personal injury claim for mold damage, you will need to prove that the health problems were caused by the mold. Medical documentation can link health issues to mold exposure. You must also be able to demonstrate that your landlord knew or should have known about the mold and failed to take appropriate action. If your personal injury lawsuit is successful, you may be entitled to compensation for medical expenses, pain and suffering and any lost wages for work that you missed because of your health issue.
Taking action to address mold issues
Mold in your apartment is not just an inconvenience, it’s a serious health risk that your landlord is obligated to address. If you find yourself dealing with an unresponsive landlord, it is important to take proactive steps to protect your health and rights.
For further guidance and legal assistance, a consumer rights lawyer who also handles landlord-tenant disputes can help you understand your rights and help you take action to protect them.