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.
Licensed attorney — a few thoughts. Here's my take on the legal issues.
The legal framework here involves both federal and state law. At the federal level, state landlord-tenant code. Your state may provide additional protections.
I'd at least do a free phone consult with someone. Can't hurt.
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 worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.
Not a lawyer, but I have direct experience with this.
In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.
Not gonna lie, I put off calling an attorney for weeks. Wish I hadn't waited.
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.
Went through something like this -- ended up getting a lawyer involved which made all the difference.
Not a lawyer, but I have direct experience with this.
In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.
I've dealt with this before.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
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?
@sustained_overruled_9 — 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.