Mold can cause serious health problems.
If you experience structural damage to your home coupled with intense allergies, headaches, fevers and other symptoms, you may have black mold. Black mold basically needs only heat and moisture to grow, but darkness and humidity speed up the process. Depending on the extent of your problem and the suffering you sustain, you may be able to make one of several legal claims.
Negligence
Find Law defines negligence as the failure of a responsible party to work with the degree of care that a person of reasonable prudence would use under the same or similar circumstances. Although mold, including black mold, can be unavoidable in certain climates, you can provide regular upkeep that will minimize the problem even if it does not eliminate it. Landlords, contractors and architects must ensure the proper sealing of your home to prevent excess moisture from promoting mold growth. Many old homes may need re-modeling and upkeep that a landlord continues to put off. Every state defines a condemnable home differently. Your landlord should define in the lease what she expects you to upkeep, replace, clean or maintain, and what she will do herself. Do not sign the lease if you disagree with the terms.
Warranty Breach
In many states, a contractor or architect's work must hold up and keep the home safe and clean for a minimum number of years. If the workmanship is faulty or falls apart before the warranty ends, you have a claim in some states. The moment you notice black mold or dangerous structural damage, you should report the details, along with picture evidence, to a lawyer. A lawyer can help you investigate whether this damage breaches the warranty required by law.
Failure to Disclose
In most states, the person selling or renting you the home must relay the material details of the house before money is exchanged. He must inform you of the structural issues, possible dangers, cost of repairs and whether your rent fee covers them. If you discover black mold or a structural problem that was not relayed to you, tell a lawyer and take pictures. Before signing off on a lease and exchanging money, perform a thorough investigation of the house. Write down all the damage you see that the landlord may have missed, and have him sign off saying that this damage was present before you moved in. If a landlord does not disclose material details to you before moving in, you most likely have a claim.
Medical
Medical issues must be dealt with immediately before you can worry about suing. If you have a medical issue that requires a hospital visit and treatment, keep all the receipts and write down the details of how you felt, what medications you received and why. In many states, you may be able to sue for the money you spent on treatment, particularly if the material dangers of the house were not disclosed to you and you suffered unknowingly.
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