Yes, tenants have the right to compensation for injuries sustained from exposure to toxic mold.
However, the presence of mold is not a sufficient condition for a lawsuit—there must also be quantifiable losses or damages. Although dealing with a mold infestation or an uncaring landlord may be frustrating and potentially harmful, neither frustration nor future damages are good causes for a lawsuit. To oversimplify greatly, “no damages, no case.”
If you have suffered sizeable financial losses or lasting medical injuries as a result of exposure to mold, then you may have a strong basis for filing a personal injury claim. Given that toxic mold injury claims are difficult, you should do everything you can to properly preserve and document your claim.
- Take pictures of the mold and water damage before any mold remediation is done.
- Hire a state-licensed mold assessor or inspector to do a comprehensive inspection of your residence.
- Notify the landlord or condo association in writing as early as possible about the mold problem.
- See a medical professional who can assess your health problems.
- Keep detailed records of sick days, medical bills, or other expenses to prove you suffered damages.