The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven't suffered any health problems from being exposed. Mike Pike handled my injury case and did and excellent job! According to the Missouri Business Alert. While searching for an apartment in Columbia or surrounding areas, determining if mold is present may not be something that crosses your mind. If you have renters insurance - and we recommend all renters purchase insurance for their own protection - it may cover the cost of some of your belongings if they are ruined by mold. With two quick consultations by phone, a review of the agreements and IP in question, and a powerfully written response to a frivolous cease and desist I received, my issue was handled fairly, swiftly, and to my complete satisfaction. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? You can only do this under very specific circumstances (see below). I will recommend them to my friends and family for all business and personal injury matters. Hire a contractor to repair the mold and deduct the cost of repair from your rent. Very appreciative for this firm. They take care of every detail so you can concentrate on recovering. When seeking damages in a toxic mold lawsuit, clients often seek both compensatory damages and punitive damages. Mold and mildew resemble each other, and they are both fungi. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. No content on this site may be reused in any fashion without written permission from Pike & Lustig, LLP. Toxic Mold Lawsuits: Overview. Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. “Although more than 30 states have moved forward in regulating indoor mold conditions; there is no statute regarding mold in either Missouri law or federal law. He is patient and a strong advocate! Here are some examples of lawsuitsresulting 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. Despite the high levels of toxins confirmed by a test from a certified mold inspector in West Palm Beach and visible signs of the mold in the vents, in the door, and behind the water heater, Palm Beach County code enforcement did not cite any violations during their own inspection. San Diego toxic mold and environmental injury attorneys Jeff LaFave and Katie Schuler recently settled a lawsuit brought by two former tenants for $500,000. can help you to understand what to do next. landlord has a legal duty to ensure that the apartment is free from any health or safety hazards. In recent years, mold has become a known issue. The front desk staff at Pike & Lustig is AMAZING! Lawsuits against building owners, contractors, and insurance companies have skyrocketed over the last 10 years. Federal, State, and Local Toxic Mold Laws. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? However, not all mold can be seen with the naked eye; in some cases, mold may exist under carpet or beneath flooring or walls, making it very difficult to detect and remove without professional intervention. Many people blame the increasing American culture of wanting to sue. Toxic mold has been known to cause a number of severe injuries and health conditions, including respiratory problems, flu-like symptoms, headaches, and skin irritation. Should the situation arise, I would not hesitate to seek representation from them . If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. He was professional, knowledgeable and extremely helpful- a real superstar. I highly recommend them and they are the law firm I trust to handle our family’s needs. Controlling mold in the home is relatively easy – you should make sure areas of moisture are well ventilated, fix leaks when they occur, and control humidity levels. Who Is Responsible for My Workplace Injury? They all went above and beyond as far as I'm concern they are the best. South Florida Marketing Agency Wins $2.5 Million Verdict in Copyright Case, Physician Practice Management & Litigation. 1209 N Olive Ave West Palm Beach, FL 33401, 3801 PGA Boulevard Suites 600 & 602 Palm Beach Gardens, FL 33410, 777 Brickell Avenue, Suite 500 Miami, FL 33131. If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. The lawsuit alleged that the landlord, Greenberg, and her property manager had failed to properly manage and maintain an expensive home in La Jolla they had rented to the Plaintiffs. Mold on the living room ceiling could spread and end up damaging your living room furniture. Mike Pike handled our injury claim for Michael Cecere. He was prepared, thorough and his knowledge of procedure far surpassed that of opposing counsel. These conditions include memory loss, lethargy, and acute idiopathic pulmonary hemorrhage in babies. If you own a rental property, you should take mold seriously. Even the judge complimented Mr pike on well he performed during trial, several times I might add. Although I lthink that facts were on our side and that we would have won the case anyway, having Mr Pike gave me a sense of confidence that I would not have had with different attorney. Step Two: Determine the size of the problem.. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic. The single mother has been living in the complex for almost three years. In the case of toxic mold, this would cover any medical bills and related expenses for the treatment of health conditions caused by mold exposure. P.S. I would highly recommend Pike & Lustig to anyone seeking legal representation that is fair, honest and will keep your best interest and unique needs at the forefront. According to the Centers for Disease Control and Prevention, exposure to mold can trigger the following health effects: Humid and damp areas like Florida are mold-friendly environments, which makes it easier for this indoor air toxin to grow and spread anywhere where moisture and dirt are (inside walls, under carpets, and other damp areas). This law firm website and legal marketing are managed by MileMark Media. Mike explained every detail along the way, his expertise and willingness to serve only strengthened my confidence and trust. Pike and Lustig were amazing handling our car accident. We have gone through those laws and explained how a landlord can be held responsible for mold problems. You can report mold in your apartment or in a public area of an apartment building. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. He listened to all my concerns. Michael J. Pike was referred to me by a friend as 'the best attorney there is' for handling an intellectual property dispute involving non-compete agreements, trademarks, and copyrights. Mr. Pike is very knowledgeable, no-nonsense, straight shooting, and positively aggressive in his approach, which is exactly what I needed. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. Here’s what you need to know about the dangers of mold, and what your rights are if mold causes you harm. Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. All rights reserved. Landlord Liability for Mold in North Carolina. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. Her daughter was hospitalized three times due to respiratory problems, and the woman thinks mold is to blame. He is personable (which is rare these days) and his communication with me throughout the process was prompt and thorough. A recent mold-related landlord-tenant dispute in West Palm Beach has shed light on the legality of the issue. § 42-42). Mr. Pike was honest. We can not express how happy we are to have had the pleasure of Pike & Lustig to represent us. Very good trial attorneys. The last thing any Florida landlord wants to hear from their tenant is, “ Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. What to Do If You Find Mold in Your Apartment Step One: Make sure it is, in fact, mold.. Missouri Mold Laws . Learn more about your rights and obligations as a tenant or landlord in West Palm Beach or elsewhere in Florida by contacting Pike & Lustig, LLP. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. The causes of toxic mold contamination are many, but often can be linked to defective … If a test from a certified mold inspection shows high levels of dangerous mold, you should consider bringing a personal injury lawsuit against your landlord. If the problem goes unresolved, our Columbia personal injury lawyers at the offices of the Peake & Fowler Law Firm, P.A. Insurance Coverage and Mold in Texas Can I File a Lawsuit? To learn more, contact our law offices today online or by phone at (803) 788-4370. His staff was also very helpful and organized. Mike Pike handled my auto accident case. He settled my issue in less than a week after another lawyer did nothing for 2 years! To prevent a potential landlord-tenant dispute, your landlord has an obligation to provide a safe, habitable, and sanitary environment. Therefore, the West Palm Beach single mother – like any other individual in a similar situation – has only one option left: to sue the landlord in civil court. Mold Information for Tenants fact sheet, p02069c (PDF): Basic information for tenants dealing with mold concerns. What Should You Do if You Find Mold in Your Rental Apartment? and not cleaning up new problems – cleaning is generally the tenant’s responsibility. They were also very compassionate towards us and our case and they took it on as if it was their own and as if it affected their own family as it did ours, which touched our hearts. He explained thoroughly and repeatedly all of my options, and I feel he really did work to get me the best possible settlement. Removal of mold typically requires the destruction of all infected materials, such as sheet rock, floorboards, and … Mold laws are designed to protect tenants from living in infected homes and becoming seriously sick. a leak, mold underneath carpet from before you moved in, etc.) Compensatory damages are intended to cover actual losses related to an injury or illness. I was truly impressed . It is important that the contact is in writing for documentation purposes. We're here in an apartment dealing with a renter and a landlord, with an argument over mold. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace. There are also a handful of more serious illnesses that have been linked to mold exposure, but this link has not yet been proven. There is No Statute Prohibiting Mold in Florida. 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. Peake & Fowler Law Firm, P.A., is located in Columbia, SC and serves clients in and around Newberry, Lexington, Sumter, Allendale, Orangeburg, St. Matthews, Bishopville, Florence, Blythewood, State Park, Eastover, Columbia, Elgin, Irmo, Hopkins, Ridgeway, Lugoff, Ballentine, West Columbia, Kershaw, Camden, Dusty Bend, and Richland County, Lexington County, Calhoun County, Orangeburg County, Sumter County, Kershaw County, Newberry County, Fairfield County, Lee County, Clarendon County and Florence County. Preferably, this should be done via letter or email, so there is a written record for the potential landlord-tenant litigation. Columbia, South Carolina 29223, Phone: (803) 788-4370 A landlord can potentially be held liable for the tenant's moving expenses and any mold damage to the tenant's possessions, as well as damages from illness. Unfortunately, not all landlords adhere to these laws and continue to rent apartments despite the presence of toxic mold. Mold and its associated health risks are a concern for renters everywhere. Highly recommended. I look forward to working with his team for all my legal needs. https://www.peakefowler.com/wp-content/uploads/2018/01/mold.png, https://www.peakefowler.com/wp-content/uploads/2018/01/logo_PF-full-dark1.png. I'm so glad I found the Pike and Lustig website, I couldn't have asked for more! Lawsuit by a tenant at the Perry Homes blames mold from an overhead leak in her apartment kitchen for the respiratory problems and viral infections she and her son are If you are renting an apartment in South Carolina, it is important that you know that your landlord has a legal duty to ensure that the apartment is free from any health or safety hazards, and is fit to be lived in. If you bought an existing home and now toxic mold has shown up, the previous owner (s) of the property could be liable for most categories of losses … As a result, the woman’s daughter, a toddler, developed breathing problems. They truly do work hard for you and we had a better outcome than originally expected and we can't thank them enough for how well they represented my husband and I. Nothing on this site should be taken as legal advice for any individual case or situation. I felt like he truly was working for me. File (turn in) a lawsuit against the landlord in court. Mike Pike and his team were extremely helpful and professional. Highly recommend him. Working with Daniel took away all my stress and fears and I am incredibly satisfied with my experience! Email. cbs12.com/news/local/county-not-able-to-issue-violations-for-mold-in-west-palm-beach-moms-apartment, https://www.turnpikelaw.com/how-pain-and-suffering-is-determined/. The information on this website is for general information purposes only. Before filing a complaint, you should try to resolve the issue with your landlord, managing agent, or superintendent. On well he performed during trial, several times I might add to ensure that the contact is writing... And apartments are filed in small claims court Lustig as my attorney dealing with mold concerns and deduct cost! Did nothing for 2 years 's case was settled timely within appx 6 months Santos-Alborna said that “ neither state! With my experience people blame the increasing American culture of wanting to.. 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