I'm in a difficult situation and trying to figure out my next steps.
mold in apartment making family sick. I've been dealing with this for about 4 weeks now and the situation isn't improving.
What are the risks if I pursue this? What's the likely timeline?
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
I went through almost the exact same thing.
The thing that gets people is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.
I went through almost the exact same thing.
What trips people up most is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Visible black mold in our apartment — bathroom ceiling, behind kitchen cabinets, and in the HVAC ducts. My 4-year-old has developed respiratory issues since we moved in. Landlord has been 'scheduling a remediation company' for 6 weeks. Can I break the lease and move without penalty? Can I sue for my daughter's medical bills?
Mold creating health hazards is a serious habitability violation. Your rights: (1) Repair and deduct — in most states, you can hire a mold remediation company yourself and deduct the cost from rent (check your state's specific procedures). (2) Constructive eviction — if the mold makes the apartment uninhabitable, you can argue constructive eviction and terminate the lease without penalty. Document the mold (photos, video), your repair requests (written), and the landlord's failure to act. (3) Medical expenses — if you can establish that the mold caused your daughter's respiratory issues (get a doctor's written opinion linking the conditions), you can sue the landlord for medical expenses, pain and suffering, and potentially punitive damages for knowingly maintaining uninhabitable conditions. (4) Report to code enforcement — your local health department or building code enforcement can inspect and issue violations. This creates official documentation and may compel the landlord to act. Move your family out first; litigate second. Your daughter's health is the priority.