Thursday, October 11, 2007

Mold in Your Apartment - Who is Liable?

If you move into an apartment or a home and you sign a lease, some people might think that they’re stuck with that lease even if they discover that the property has a substantial mold problem. This is not true.

No matter who you’re renting from or what kind of property, it is the landlord’s responsibility to provide you with a healthy place to live. If you or your children become sick due to the mold located in the home, apartment, or business you are leasing, your landlord can be held responsible.

The only thing that you have to do first is prove that mold exists in your rented space. That burden or proof is on you because in most leases, mold testing, inspections, and removal are not covered by the landlord. Landlords do not pay for these; you do. If there is a problem, you have to prove it.

If the rental property is infested with mold, the landlord might be liable for the damage to the tenant’s health, the medical bills associated with mold, loss of income due to sickness, and for the damage to clothing and other possessions. Other possible liabilities include the expense it takes to move to a mold-free environment, the difference between the rent at the mold-infested rental and the new, habitable rental, and for any mold inspections, testing, and remediation of the rental that were paid for by the tenant before moving out.

You should mail a notice to your landlord via certified mail that there is a mold problem first and foremost and provide proof within the envelope. An analysis and identification of the mold sample you collected using a mold test kit signed by a mold laboratory is a good way to prove that mold exists in the property. Even better than this is to have a written report signed by a certified mold inspector along with the above mentioned laboratory report. If notice is ignored by your landlord, you can choose to send a second notice stating that due to the failure to have the mold removed from the property, you are withholding your rent. Lastly, if that is ignored by your landlord, you should send another notice via certified mail that you are vacating the premises and that legal action is going to be taken, especially if you have suffered health complications due to the mold. You shouldn’t need a lawyer to draw up these notices for you, as long as you are clear and to the point that mold exists on the landlord’s property that you are renting and you want it removed and if you are suffering any health complications, these should be stated very clearly and with proof, as well. Most landlords will respond promptly.


Jim Corkern is a writer and promoter of quality
north carolina flood water damage restoration and other states such as
New Jersey mold remediation companies across the united states.

Mold in the Workplace

Mold is a serious problems not only in homes, but also in the places where we work. Employers and landlords should take special care to make sure their properties are not infested with mold and they should do this not only because the value of their property will decrease as the infestation spreads, but also because anyone working or living in the property will suffer adverse health effects.

All kinds of medical conditions can be attributed to mold: development of asthma, bleeding in the lungs, chronic dandruff, colds, coughing incessantly, fatique, skin rashes, and more. If you notice any more than a few of your employees exhibiting these and other health complications, you should take a look around your property and see if you can detect any mold growing on your own. If you can’t, talk to your employees, especially new hires, and ask them if they had these problems before they started working for you. If the answer is “no”, you might have a hidden mold problem on your hands and it could be time to call in a professional.

If the mold inspector does indeed find mold, it’s time to inform your employees that remediation is going to begin and what measures are going to be taken. Telling your workers that mold exists where they work is a recommendation of the United States Occupational Safety and Health Administration (OSHA) and you should follow it.

Inform your employees when the remediation will begin and approximately when it will begin. Any employees that exhibit any health complications that could have been caused by exposure to mold should be advised to go to their doctor and be referred to someone who knows about mold health consequences and treatments that can be done to encourage recovery.

After the remediation is completed, the property must pass a test proving that it is safe for people to return to work. Don’t try to cut corners here; the sooner you get the mold problem fixed, the sooner you can allow your workers to return and resume production.

If someone develops a medical condition because of the mold you allow to grow on your property (meaning you were notified that it existed and did nothing), you could be liable for more than just their medical bills, but it’s up to them to prove that you knew about the problem. Your best bet to make sure you don’t suffer legal consequences for the mold growth in your workplace is to have it removed as soon as you discover it.




Jim Corkern is a writer and promoter of quality
Connecticut Mold Remediation services and other states such as
north carolina mold remediation companies across the united states.

Mold Health Effects

Most people don’t realize just how dangerous mold can be if you live in a contaminated home or work in a contaminated building for prolonged periods of time. Elevated levels of mold can cause some health complications that most people aren’t aware of and of course, some home sellers (whose homes for sale are sometimes contaminated) are skeptical. They want proof, when there is quite a lot of evidence that proves that the mycotoxins produced by mold cause diseases in human beings.

The inhalation of a large amount of mold spores can cause significant health problems like allergy symptoms, asthma, colds, coughing incessantly, bleeding in the lungs (particularly in infants or pets), trouble breathing, and even cancer. Problems with the central nervous system of a person are also known to be a problem.

Problems with vision, chronic or excessive fatique, mood swings, hives, headaches, sinus problems, tremors, trouble speaking, vomiting, and vertigo have been known to occur. A recent study even shows that children who are exposed to molds and workers who are exposed to them in working environments are more likely to develop asthma.

A condition that affects the lungs like hypersensitivity pneumonitis is developed by inhaling the mold spores (or anything like dust or other fungus spores) for prolonged periods of time. If the air conditions that cause the condition are not improved significantly or the person is not removed from the situation, the lungs can become irreparably damaged and cannot function. This is one of many serious conditions that can be caused due to prolonged exposure to mold.

Basically, there are more health complications associated with mold than you can shake a stick at and most people don’t realize that there are this many problems associated with mold growing in their homes. They think that it’s not that big of a deal and can afford to put off getting it removed from their homes or that they can’t afford to relocate until it is removed, but the fact is that if you’re a healthy adult, you might be able to hold up for a short period of time in these conditions before it starts to take its toll on you, but your baby, elderly relative living with you, or your pet very well may not. It’s best not to take chances with your or your family’s health. Do whatever is necessary to get out of the mold contaminated home or apartment or have it removed as soon as possible.

Jim Corkern is a writer and respected contributor to the Water damage restoration and mold remediation Industry. Visit his sites for more information.
http://www.moldrestorationny.info
http://www.moldrestorationnj.info