Who took my case. Yes, through a process called mold remediation, which can be costly. I had bronchitis several times, as well as sinusitis. Dog Bite Settlements in California. This article on Toxic Mold Litigation may help in your case, depending on what state you are in, specifically the section on landlord liability. We left the appartment now and are sueing landlord for all the stress we went through because when we would tell him to fix it his reply was buy a bottle of TILEX and it will go away..?? I lived in a home where I constantly communicated with the landlord that there was surface mold in different areas of the home and water intrusion issues that needed to be fixed. Not only does this not remove the mold, but it causes health problems for the entire house. Is there a lawyer in Chicago we can contact about our mold problem which is going on right now. Could this be fatal? While there is no set time for a landlord to respond to your report that there is a water leak or mold in the property, if a landlord delays fixing the problem, then the problem will very quickly get worse. What can i do at this point? Theres no way the problem wasnt apparent to them. I have NEVER had any type of water damage or any type of mold issue prior to this incident. They advised me they would come a specific day but when I got home no repairs were made. It was negative! Please tell us what you liked about it. The black mold seems to be growing and was wet to the touch. I have not had anyone to inspect this as I am just now realizing what is actually might be. they contacted there lawyer and postponed the closing. California (2005) -- The parents of Kellen Gorman received a $13 million settlement from . Thank you. Do you all know of any good doctors in Georgia? The maintenance men came out clean the wall and painted over all of it. The landlord brushed us off so I called the property management company to report possible mold and they sent a carpet cleaner which didnt really solve anything. The results came and we had to be evacuated. i dont need anymore squirrels pounding nuts on my window and Im not opening it and having one get lose in my apt. The owners insurance adjuster said get out of the house and finally after taking a mold test my doctor told me that every mold was in my body. After many calls to our landlord to fix the leak, nothing was done. What should I do for having to live through this negligence that should have been Fixed years ago. My other Coworker who sits directly next to me has been suffering from sever headaches and congestion. I have been running up my credit card to get by with only needed utilities, car payment, ins. Ive lived here 6 1/2 months and i see no mold in my bathroom. He owns mcmillen properties. I have to spend the night away from here and be gone all of Monday, which means I have to take my computer somewhere so I can work. The landlord may be insured against mold, but if not, he or she is ultimately responsible for keeping the rental property in habitable condition which means, he or she is responsible for fixing water leaks and remediating the resulting mold. The manager of the property was notified and nothing was spoken about it again. After I got the money to move I drove by and he had the foundation all redone in my eyes he admitted there was a problem..I need legal advise please. Toxic Mold. They never acknowledged it. I recently discovered black mold on an inside closet wall. You do not want the mold that landed on her clothing to take root in her home. For example, the California rate for post-judgment settlements is 3. . Thanks. I even told the property manager if they could just refund That person had a handyman open the area up to dry out and the flange fixed. manager had air quality test done, but I fell it was not a certified licensed contractor and said air quality was fine. Id definitely get your home checked for mold by a local mold remediation company. They received $8.9 million in attorneys fees, but $12 million, the largest single component of the $32 million verdict, was purely punitive or exemplary damages levied against their insurer. we asked our landlord if the mold has ever been a significant problem and they said absolutely not, yet Ive heard from people in the neighborhood that the former residents had gotten sick and were forced to move out. Pay your rent at the courthouse once you have notified your landlord/property owner in writing by certified letter, taken pictures, filed your complaint to the health department in writing with pictures attached. I have suffered health consequences and did not know that mold was the source. Meanwhile my copays are piling up. I saw some legal counsel who looked at the situation and told me that I have the right to intern refuse the rent and give it to a contractor or myself is qualified to perform the necessary repairs in order to make the structure livable. I need to get the house tested by a professional for mold, but there is someone else living there now. If you email me at [emailprotected] I will do my best to help. We had a pretty serious rain storm and the next day my bedroom ceiling caved in and wet insulation was everywhere. We are waiting for the air testing to come back but my 2 yr and 10 mth old and I are staying at my parents until we get the reslts. And another problem is we dont have a lease. If not, please do so now because time is your enemy on expecting legal relief. If you have remediation performed, remember to hire an independent, third party mold testing company to make sure the problem and cleanup are completely fixed. I have no idea what to do because we have no where else to go. You are likely entitled to compensation. We even sent a letter without a response. What is Mold and How is it Different than Mildew. would anyone no if same laws apply in canada regarding mold, Please help Im at my wits end Ive rented a building for going on 19 years my previous landlord has died about 7 or so years ago now his daughter runs their realty businesss there is black mold galore Im now having a health issue every other month I get an awful cough with a runny nose chest pain scratchy throat runny eyes fatigue and aches and pains back soreness dizziness and tingle feelings hands and feet there is one bathroom I have keep a door closed for about 5-6 years it is the most awful sight you will ever see the other bathroom we try and keep clean but the ceiling is so deplorable she is truly gone Devils Advocate I cannot get her go repair anything the roof was flat until 2 years ago she finally had to put a roof over the original roof due to severe leaks I own a grooming shop at this address I have been in this business for 39 years Iam do scared of losing my business it is my Livelihood I have addressed this with this person for years to no avail she had threatened me to the point Iam hopeless for example she had said if I call the health department it wouldnt matter to her because if they condemned the building she would make just as much money by plowing it down and selling the lot !!???? Ive been told by the doc and fire chief to move ASAP. Bathroom- For more information, call us at (954) 241-2260, send an e-mail to info@themold.lawyer. Show them the mold and they will force your landlord to fix it immediately. The closing will still happen but they will have to reduce the price of the house and have it gutted and fixed. The Environmental Protection Agency (EPA) has published tips on how to remediate mold online. In this chapter you will see that settlements are discussed after stating the gist of a claim. By law I know they have to take care of the people on the lease but what happens to us ? There has been allergy test and other test and could not figure out what it was from. My State Farm does but they claim I still have the policy I had 10yrs ago when I lived in the home for a year, which conveniently isnt setup to include renters. Her attorney sent a demand letter to my HOA Insurance company Nov 2014 asking for $14,000. We know how to win a mold case, and weve gotten our clients black mold lawsuit settlements and judgments. On this date, October 17, they told me they would have someone come on Monday (10/20/14) at 10:00 a.m. to do a humidity test, then they would assess the damages that I was liable for. Please help! As you can see, the county is upset, and knows they are at fault. My landlord JUST now bought a new toilet for upstairs. I need someone who is knowledgeable concerning environmental issues as this resident clinician at Occupational Health has not done her research. I have reason to believe I have mold in my home. I took them to small claims for return on rent while the house was uninhabitable. I have dropped into a depression and figured it just the health issues with my mother and my being her helper 24/7 . I have Read that my things were supposed to be placed by the road but also that I would have to be given seven days upon receipt of a certified piece of mail informing me that I had to get my things from the residence where he intern had to keep them in a safe and sheltered area free from wet additions. Being home, it immediately started getting worse. When mold investigator walked into our unit they could automatically tell that there was some kind of mold issue on our ceiling bathroom and even bed room. I hired an inspector & they determined the mobile home has mold. Since the mold is still there, not gone, and they never cared to take the right measures, Im talking about 1000s of homes Ive seen in my short 2 year business, let alone the millions or probably hundreds of millions theyre doing this to across the country. At first we had no clue about the mold damage, we only knew that the house had an aweful musty smell and it was explained that the house had been closed up for two years. Meanwhile, our neighbor start to notice mold and high moisture in their units that share the leaky exterior wall. I bought a home last year through VA and it passed inspection, I just did a refinance on my home and had another inspection done. Alot of drywall got soaked only a few inches around the bottom of my daughters room because the ac is located behind her closet . It is myself, husband, my 2 year old and 2 month old with 2 cats. The WHOLE room is molded. She has had a mold problem that recently surfaced, and along with it Toxic Mold Poisoning, diagnosed by doctors at an emergency health care facility. I dont know what to do. Two days ago we found moldnot sure if its black mold but it is black. And I know it will need to be done. A contractor has confirmed it in a few related areas. No matter which air freshener I use it returns in a short time. I bet if I went the rest of the year and didnt remind you the things that need to be done(bedroom ceiling) it would still be the same come next summer=still not fixed. February 11, 2019 . she said it was all over her clothes that were laying out. A Living Nightmare!! apologize for the lengthly statement but needed to explain to the fullest the best I could,it goes on further that this tried to make it short. Automobile Diminished Value: Is THAT Covered. I have had a leaking ceiling for the past almost 6 months. From day one Ive tried everything possible to freshen my home,but that mildew odor is still existing specially when it rains. A full refund of the deposit will be issued upon move-out. Also, mold on around the windows in bedrooms, which we use bleach which doesnt remove completely. The visual, on-site mold inspection is the essential part of the investigation to make sense of the lab data. Meanwhile our health problems and bills were becoming astronomical, it wasnt until 4 days before we were moving out I noticed a wet spot in the same place and two days later the ceiling cracked and I was able to see inside the ceiling which was black all the way back. i work in an old county prison, in our control room the air conditioner above ceiling tiles freezes up so we shut it off to thaw out and it leaks all over tile. Management allows us to move our things into a unit in a separate building, but mold appears on the wall in the temporary unit, newly remodeled' they tell is. Ive made the landlord aware and he has seen the problem. Im not sure what kind. If you documented everything took pics emails any proof in your favor. But last year I was diagnosed with asthma, something Ive never had. Last year the Housing Authority was doing their annual inspection of the apartment, and I was sure it would failbut they PASSED it. up to 4 in every where. He reports it every year too. So all of those lab tops, cell phone, and wireless stuff is not healthy for us. We both have come along way but my son still gets skin rashes has difficulty with food and the vitiligo is permanent damage and he has had to deal with this all through his high school years and will graduate this year. Management agreed to let us break lease free of penalty but refuses to pay any relocation fees. The commissioners presented a letter dating back to June 29, 2011 from Suites & Associates Architects addressed to Steed Robinson of the Georgia Department of Community Affairs Department, saying that parts of the base of the building would require a sump pump and could be a long term moisture problem.. I disagreed and bought a home mold test kit. All rights reserved. I just found out the unit next door had a water leak problem and the wall is covered in moldthe owner of the building treated the mold supposedly with chemicals. I did a home test that showed toxic black mold was present, but Im told thats not enough. I pointed out to the owner ON DAY ONE of water damage in the master bedroom bath. Miller also confirmed that the plaintiffs underwent separate types of blood tests, which measured IgE, IgG antibodies. One day i saw a dark area in the corner by the patio door on the baseboard pulled back the carpet the ODOR unbearable the tact strip was softer than a sponge and black,padding soaked with black areas/ black areas under the carpet/ black areas around the baseboards. While the conditions that allow mold to grow and thrive are well-known, it's not so easy determining the proximatecause of toxic moldin a building. In a lawsuit for personal injury, there are two types of damages: economic and non-economic damages. Its takes about a month or so to really see of feel the damage done. I have been having health issues. This causing more flood issues and more trouble for my parents to deal with. My home is in TN but I live in GA. Ive always made repairs within 12-24hrs of them being brought to my attention. here, moved because the landlord wont do anything to address or help with the mold issue. I cannot even find out who the owner of the building is as there are about 20 ownersAny advice out there. I need to know how a mom who wants to be a good parent and protect her kids would go about finding a home without mold to live in. for mold contamination of her 22 room mansion. My husband has a bad heart and this cant be good for him. I had 3 different crawl space inspectors come and give me bids to repair the problem. went back to the hospital again and came back home and stayed home since they couldnt do anything. My apartment is on the first floor and every time it rained my carets got wet and the apartments I lived in are subsidized and they never did anything. Do we have case against them? Angela, simply withholding rent will get you evicted. And to make it worse, when I called the building commissioner to find out why they marked the home in compliance when obviously it was not, he told me that the sales team who sold me my home was supposed to inform me that the roof and furnace were not certified. Thinking also after reading your post why would your maintance guy tell you to use bleach? Long story short this mess now involves 3 insurance companies and it is exhausting. That sum does not include the plaintiffs attorneys fees and costs, for which John C. Miller, an attorney from the firm of Charter Miller Davis LLP in Sacramento, said he would be filing a cost bill for about another $1.1 million. That lead to surgery to move a nerve in my elbow. I am forwarding your story to someone who often answers questions for us in our Q&A section, to get more information for you (you are welcome to post your story and questions there as well). There is also mold growing in my bedroom closet. provide some examples of recent toxic mold settlements and verdicts. I paid to have new carpets in through out the house, i never withheld rent, and asked her over and over to please have the roof repaired, while living there my son and i became very very ill. But later on in talking to the prior owner of the property and a past tenant found that they knew that the property had mold ever since they purchased the home 10 years before and never disclosed to us in any way the presence of mold in the home. Mynlandlord wont fix it. Its been months and we are paying for everything. One thing that has always helped her was small cubed ice and hotels have those ice machines and she would eat or crunch on it daily.. A month and a half into living at the hotel, she then started to get worse and had to start to take the drug called Lasix because her ankles started to swell and showed signs of that being congestive heart failure. I am the Manager of a Motel and I am forced to live on property. Kimberly we seem to have the same problem. Hi, I rent an apartment and the bathroom wall tiles have been falling out for several years now. My skin feels like it is tingling and itchy sometimes. (Hasnt even cleaned the rugs.) A week later same issue in the bedroom. Im copd and now im having dizzy spells and chest hurts, what should I do, Hello all my name is Sheldon , I have read all the messages or bloggs on this web site and one common thing we all share is that we have the same poor health feeling of a flu or cold at first with a breathing problem of astema or shortness of breath and a basic illness of head aches to memory loss to loss of weight to painful sores on face and to inside of mouth and to tongue and multipal tripps to Doctors that dont have a clue on how to diagnose mold or toxic mold exposure for its a fungual infection not a virus and can not be traced in a blood test until the infected system of the body is to far along and to the point of no recovery .Alittle about myself is for your infomation and about my battle with black toxic mold exposure in my home that I rented for five years in Wildomar California in the end of August or beginning of September 2008 , that I recently discovered that in April 28 of 2008 to May 10 2008 the home was flooded with over 11000 gallons of water and as always no one knows or remembers anything about the flood except the poor neighbors who have to live next door to the infested home.I have photografts of the mold and have left the home but recovery for my health has and is a hard battle and a special diet is needed to rid the toxic mold of a failing host.I have had many test performed and all negitive till the mold was visable in my master bathroom floor when a water leak became present over 7 months ago. a means to add real consequence to a refusal to negotiate a just settlement. The next day I went house hunting. he had an inspection and it failed there is leaking hot water tanks on both sides causing the floor to rot. September 2004, CALIFORNIA $8.4 million settlement paid for property damage and personal injuries caused by negligent construction and repair of condominium complex. You can recover up to $250,000 in pain and suffering, or any non-economic damages. i had a roofer out of my own pocket come out and do a run through to see where the damage is and the problem and the contractors for the apartment complex have been doing crap work minor fix its never pulled permits or fixed the problem properly so therfore has created massive water damage which therefore created mold everywhere i had a state certifed mold inspector come to my home and run tests and take samples another that i paid for aswell because the apartment complex kept ignoring my complaints sweeping it under the rug avioding my calls emails ect they would send maintance men to my home to do what professinals needed to be doing not your maintance man! It passed no problem. Now, they daily ask for all results pertaining to the area that has the mold. So i let it go, for a while that is.. My family and I are on housing assistance. We had been telling the landlord for months about the ceiling leaking in numerous places. A friend had to tell me that I was moving from the house. Leave appartment immediately and take landlord to court for not fixing the problem..your health is more important. Im getting those done tomorrow. Thank you for your assistance. is there a way you can come over sometime this week and see what the problem is with my vent in my room? Luckily Im moving in a few weeks, but in the past year and a half living here, Ive had mono twice and have gotten very sick and doctors cant seem to figure it out. Just needs re gluing?? Important Notes: Some are as follows: my boyfriend said it was in a small crevasse in my shower but it was already there when i moved in. Avoid exposure to chemicals with strong odors. We have a new construction that has mold and daughter, 2 yr old grandson, and pets all experiencing health symptoms of mold sickness. All they did was take advantage of me. its not supposed to be taken 24/7 like that. One day i saw a dark area in the corner by the patio door on the baseboard pulled back the carpet the ODOR unbearable the tact strip was softer than a sponge and black,padding soaked with black areas/ black areas under the carpet/ black areas around the baseboards. Never sent, or did anything until June of 2009, then walked away again. Of the $20.75 million penalty, $750,000 will be paid to Utah, $732,000 to Massachusetts, and $50,000 to Rhode Island. My husband work offshore and as soon as he returns home he starts sneezing and coughing also my grand daughter who lives with us coughs a lot lately.. I contacted my landlord who said it was no big deal and that he would fix it. It is essential to act promptly because mold causes personal injury, which means lawsuits are subject to (usually) a two-year Statute of Limitations from the date of injury. Now I think they will blame it on me and lack of maintance, which is also untrue. I went for an upper endoscopy and the first time the doctor could not do it because my esophagus was irritated and he took a picture of what he thought was a yeast infection on my esophagus. So we paid cash for the house and have invested every dime we had! The property's owners had refused to make the necessary repairs. Should I pay the rent or make him wait until the problem is fixed? Now my landlord is taking me to small claims court to because I didnt give notice. Ive lived in the same basement apartment for 4 years now. While the defense argued that there was no medical or scientific basis for the questions, after a separate hearing outside the presence of the jury, the judge allowed the doctors testimony to be included. Has anyone gotten any help with those mold issues? According to experts, the major difference between this case and the $32-million decision in the Ballard mold case in Texas is that in that caseas in another recent California case that resulted in an $18.1 million verdict for the plaintiffsno evidence of bodily injury came before a trier of fact. My husband, 2 year old daughter and I live in an apartment in Georgia. Around November we noticed mold on the window sills and in one of the closets upstairs. This extra stress does not make things easier. I have been trying to get them to actual fix the black mold problem. Our bedroom ceiling fell down once again due to water damage. Reading this article I get lots of information that you published. It is ridiculous what some landlords do to save a buck. My husband & I have helped them as well. Thank you in advance for any verbiage or ammunition you can give us as to fight with. We filed a discrimmination application due to disabilities (allergies to mold) with Fair Housing and they are taking the case. I am currently renting a 1 bedroom apartments not Davidson county in Tennessee with the lease in its ending month. Before this I was a super active, young professional that traveled and had fun! There seemed to be black mold on the vents and on the walls. master bathroom shower, I had notice the bottom of the wall crumbling from being wet so I contacted the property maintenance man and he came and took off I am guessing drywall This was on Dec 20th, 2011, on Dec 21st we got the results that showed 7 different toxic mold spores that were airborne. Small claims courts generally require the parties to represent themselves and have claim limits in the $3,000 to $10,000 range, but are regulated at the . The fiberglass insulation shows black stains I assume are mold. I need a lawyer to take my case either against my homeowners or all the docs that left me to die. This information we received from the perpetrator who had stolen my things which I would later find out. In the past six months my family has had many health issues that could possibly be contributed to this situation. This sounds like a clear case of negligence on the part of the buildings owner/manager. Confusion. In fact, the question on many minds within the defense bar, which deals with mold-related cases, is: What evidence was brought in to convince the jury to come to the conclusion it did? There is more to the story, but I was curious to know if I have a legal stance against this company if they test the material and it is black mold. Since my illness I still have severe sinusitis attacks, I now suffer allergies (which I never had until the mold), my memory is still very bad, my right side shakes uncontrollably at times (my left side does too but it happens to my right side more), I have severe muscle aches, severe anxiety. Called to see what the status was with the leasing agent and she tells me that You must have the heater cranked, they said your apartment is so humid. Relayed that everything we had been doing plus wiping the walls down and keeping the heat at about 68ish and still having problems. TIAs speech difficulties Well I got on the medication and three months I was in the guest room some water fell on my hand I freaked out black Mold was in the walls! My husband spent the weekend scrubbing every wall and ceiling in this place. In the last two days we have moved out of the home, but to date the landlord has not been informed we have departed. After the third day, we noticed black mold on most of the plywood and a few joists. Today I had to go back to the emergency room, they said I am much worse, and have signs of pleurisy. Ive constantly got sick and am currently sick now, my question is, not all of us are on the lease, in San Francisco that is common and not surprising, but we have had countless of repair people come in and out of our apartment and not say one word about the mold and it is completely noticeable in the restroom its EVERYWHERE Im worried and scared of my personal health and my friends but yet they are too afraid to say something because If we have to leave the building (which Im sure we would have too) wed have no where to go. What steps can be taken in a suit against the owner for their knowledge of the MOLD/ MILDEW choosing to neglect which has affected my health? Thanks Tina. My husband and I do not know what to do Our agent is telling us that he would put the house for sale and get us into another home and he would pay for all the expenses plus the down payment and any other fees we put into this house. I am a I grabbed a flash light and looked in the whole and saw pipes to the bathroom with mold all around it. I was shocked. Heres another article on legal responsibility. When the new company bought it the account only had $300. Trying to get the money to do so now. Last winter, there were issues with the heat-all electric 1 bedroom apartment.