Mold isn’t just a visual nuisance—it can be dangerous to your health, and potentially cause long-term damage. Most mold is not harmful to human health. For example, the mold that forms in your refrigerator from old food or the mold in the corner of your shower is probably benign. However, if your rental property contains toxic mold or excessive levels of mold that negatively impact your health, you might be able to sue your landlord.
Mold Symptoms and Other Mold-Related Issues
Mold is very common and grows in areas where there is a lot of moisture, including bathrooms, around windows, near pipes, and areas where flooding has occurred. It can survive on a wide range of materials such as cardboard, wallpaper, carpet, drywall, and ceiling tiles.
Sometimes, there are obvious signs of mold, such as black splotches on the wall or actual mushrooms growing out of the carpet. Many times, though, the only way you discover a mold problem in your home is when you begin to experience health problems. Mold spores can trigger a variety of symptoms, including:
- a stuffy nose
- wheezing
- skin rashes
- asthma flareups
- shortness of breath, and
- coughing.
Some people are more sensitive to mold than others and might experience a variety of upper respiratory issues. The longer you are exposed to mold, the more chance you have of developing serious problems such as organ damage and mental impairments.
If you notice allergy-like symptoms or what feels like a cold that just won’t go away, it’s a good idea to check for mold on your property. If mold does exist and it’s significantly impacted your health or caused property damage, you might be able to bring a personal injury lawsuit against your landlord.
Landlords' Responsibility and Liability for Mold
Laws related to mold and mold damage vary from state to state. Depending on the law where you live, landlords might have to disclose suspected mold to new or potential tenants and clean up existing mold.
In almost every state, landlords must provide livable rentals under the implied warranty of habitability. In general, the warranty of habitability requires landlords to maintain both the rental and the property as a whole so that living conditions are safe and secure.
Under this warranty (which can never be waived), a landlord who fails to prevent or clean up mold might be liable for any health problems you suffer as a result.
Bringing a Small Claims Case Against Your Landlord
If the damage caused by mold in your rental is somewhere between $3,000 and $10,000, you might be able to sue your landlord in small claims court (every state has a different cap on how much you can sue for in small claims court).
To prove a claim of mold-related health problems or property damage, you will need to show the extent of the damage or health issues. Evidence that will be helpful in your case includes medical bills, estimates to repair property, and any other financial expenses you incurred from being exposed to the mold.
Before filing a small claims case, demand that your landlord fix the problem and reimburse you for any expenses related to the mold damage. If your landlord fails to pay you within a reasonable period of time, you can file a claim that indicates how much money you’re suing for. The claim must specifically name your landlord as the defendant and be legally served on your landlord through a process server or certified mail.
When you appear in court to present your case, you might be required to demonstrate that you notified your landlord of the potential problem, but that the landlord failed to fix the issue. You’ll need to state your side of the story and present any evidence you gathered (including pictures). Having witnesses who can testify to the amount of mold damage and its effect on you can strengthen your case.
After you present your case, the court will rule on the matter. If the judge finds in your favor, you might receive reimbursement for any expenses incurred as a result of the mold damage, including medical expenses. If the judge finds in favor of your landlord, the landlord will not be under any obligation to reimburse you and you might be responsible for covering all the costs on your own.
Although you can bring a small claims case against a landlord on your own, it can be helpful and more efficient to work with a lawyer who has handled mold-related cases before. While most small claims courts don’t permit attorneys to participate in the proceedings (meaning they can’t be with you in the courtroom), you can consult with a lawyer to get help preparing for court. An experienced landlord-tenant attorney knows exactly what the court will look for and help make sure you have the right evidence to present. They can even help evaluate how much the case is worth before you file a claim; if there’s enough damage, they might recommend you file a lawsuit in district court rather than small claims court. Many attorneys will even work on contingency in these types of cases so you don’t have to spend a lot of money upfront.
Does Insurance Cover Mold Damage?
If you have property damage caused by mold, contact your renters’ insurance agent. Depending on the cause of the mold problem and the type of coverage you have, your insurance might cover the costs of replacing or repairing the damaged property. Keep in mind that your policy might exclude coverage for mold damage that developed over time—many policies won’t cover mold-related damage unless it can be tied directly to an event (such as a leaky roof from a recent rain storm that led to mold in the ceiling tiles).
If your renter’s insurance does not cover your specific mold-related damage, the next step is to sue your landlord.
If you’ve experienced health problems due to mold in your rental, your renters’ insurance most likely will not cover any medical expenses you’ve incurred. Rather, you’ll want to use your own health insurance to cover your medical bills. Keep track of all of your out-of-pocket healthcare expenses, as you will want to seek reimbursement for these from your landlord.
What to Do If You Suspect There’s Mold in Your Unit
If you think you have mold in your rental, the first step is to alert your landlord about the problem in writing. In many states, before you can successfully sue a landlord for mold-related damages, the law might require you to give your landlord a reasonable amount of time (or a certain number of days) to remedy the problem. If your landlord is unwilling to fix the mold problem and you experience mold-related health problems or property damage, you’ll likely have to take matters into your own hands. Keep in mind that the only way to tell if the mold is toxic is to have it tested by a professional.
Be sure to take pictures to document the extent of the damage or mold growth. If you have health issues, make an appointment with a doctor to get any needed treatment. Always keep any medical records and bills as proof of your visit—these will come in useful if you end up going to court.
If your health is severely affected by the mold, you should consider moving out and into a cleaner rental while you pursue an action against your landlord. Note that if you move out before the end of your lease or rental agreement, your landlord might claim that you have broken your lease—and that you’re responsible for the remaining rent.
However, your health comes first. If you’ve documented that your health problems were caused by the mold in the unit, and that you gave the landlord the opportunity to remedy the mold, you might be able to use this information to defend against any broken lease claims your landlord brings. If you find yourself in this situation, it’s probably best to consult with a local landlord-tenant or personal injury attorney before you move out.