Discuss the situation with your landlord and ask if it’s possible to be relocated until the mold issue is resolved. Though no one wants to hear that their rental home has mold polluting the air their tenants breathe, it is Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? The home was also flooded and had serious mold contamination. Currently, when it comes to mold, there is no federal or state law that covers a landlord’s duties. For more information, call us at (954) 241-2260, send an e-mail to info@themold.lawyer. Plus, humid areas like here in Florida have yet another common but potentially dangerous, indoor air toxin to be aware of: mold. PEMBROKE PARK, Fla. – Mold is a concern for renters, especially during South Florida's steamy spring and summer months. Therefore, if you are faced with this issue, call the Law Office of Brian P. Kowal, PA at (954) 990-7552. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This article answers frequently asked questions about your rights as a tenant when you are renting an apartment or home with mold in Texas. It governs the rights of both landlords and tenants. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 Most varieties of mold and mildew do not pose a risk to your health. In recent years, mold has become a known issue. While mold is typically associated with buildings in humid, musty, damp conditions, no rental property is safe from mold contamination. Without prompt water damage restoration, mold growth starts in as fast as 48 hours. However, there are current guidelines on published literature that can be used to assist an individual that is experiencing mold problems in their property. Rental laws often site that an apartment should be “habitable and in reasonable repair.”Merriam-Webster’s Dictionary of Law defines habitable as: suitable and fit for a person to live in: free of defects that endanger the health and safety of occupants. In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. Before a landlord can enter a tenant’s apartment, Florida lease laws require that they give notice in most situations. Mold must be remediated in accordance with Florida law. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. Toxic mold cases may include claims against contractors and suppliers for construction defects and faulty construction materials. However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Just like any other damage beyond ordinary wear and tear, you must notify your tenant of the mold damage costs within thirty days after they move out. Mold contamination in homes, offices, and other indoor environments have been on the rise over the past 20 years. Mold is an environmental hazard that can cause concern among renters. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. For your reference, this is codified in Fla. Stat. While lead paint disclosures are required, there are no regulations or statutes that require a similar disclosure when it comes to mold contamination. Mold spores are always going to be present. A mold attorney in Orlando Florida, and a mold attorney in Florida can tell you that breaking a lease due to black mold in Florida may result in a small claims lawsuit or perhaps in a more significant lawsuit for damages over $8,000. What Laws Protect Florida Residents from Mold? & Laws of Florida Florida Statutes Search Statutes Search Tips Florida Constitution Laws of Florida Legislative & Executive Branch Lobbyists Information Center Joint Legislative Committees & Other Entities Joint Administrative Make sure you that you include these in your annual property inspection checklist: mold growth, moisture damage, and leak inspections. The last thing any Florida landlord wants to hear from their tenant is, “Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. 83.40. Contact us today and how we can help you! So, the next time you are sprucing up your property for the next tenants, consider adding inhibitors to the paint. Unlike plants, mold doesn’t need sunlight to grow, at least not directly. Florida’s Tenant Protection Law First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. Electrical outlets were exposed and posed a fire risk. The State of Florida does not have specific mold laws that protect residents from mold exposure. (g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company. Florida state law requires that your landlord provide 12 hours notice unless otherwise agreed upon (83.53(2)). In a rental property, it can occur following a faulty plumbing or an unattended spill. Among other things, that means ensuring your property adheres to Florida’s landlord-tenant laws regarding mold. However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. You and your landlord are both required to take certain action to prevent mold growth and remedy the causes of mold growth. If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above. Specific landlord and tenant responsibilities, including apartment maintenance and pest control, are listed in the lease and governed by Florida law (Chapter 83, Part II, Florida Statutes). *Note: This page contains materials in the Portable Document Format (PDF). However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Unfortunately in Florida, the mold protection laws are relatively weak. If you are a homeowner or commercial business owner whose building is contaminated by toxic mold growth, causing adverse health effects and property damage, considering hiring a toxic mold lawyer. In Florida, there are mold laws in place in case of any problems. 5) Install HEPA filters in your HVAC duct registers, the return air registers, and the fresh air supply intake to capture and remove any airborne mold spores from the airflow. But Since state landlord-tenant laws vary, the following reasons may legally permit a tenant to terminate their tenancy early in other states but are not applicable in Florida: Illegal contract. For more information on providing written notice to a landlord, please see our blog article on this important subject by clicking here. Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. Home / State Information / Florida / Rental Help / Local Tenant Rights, Laws, and Protections: Florida Local Tenant Rights, Laws, and Protections: Florida Know your responsibilities as a tenant. If the association is allowing mold to grow on the walls or ceilings, Chapter 718, Florida Statutes provides remedies to the condo owner which may require  the association to remediate the mold. Air conditioners enable mold to grow through the internal condensation of water, and they also blow the mold spores around and into your living spaces. Mold in Apartment & Tenant Rights. First, one must identify the source of the water intrusion that caused the damage and ultimately led to the mold growth. If you are renting from a landlord and your premises are covered with toxic mold, you have some important rights under Florida law. It is not intended for the purpose of providing legal advice. In comparison, states such as California and Texas have strong regulations regarding mold exposure. If you have renters insurance - and we recommend all renters purchase insurance for their own protection - it may cover the cost of some of your belongings if they are ruined by mold. In addition, all persons conducting “mold remediation” (which includes persons performing removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet) must maintain a speciality license with DBPR for mold remediation. Mold can cause serious illnesses, and should be … Additionally, encourage your tenants to get renters insurance. The last thing any Florida landlord wants to hear from their tenant is, “Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. Currently, there are no EPA regulations or standards for airborne mold contaminants.For more information on mold, see our website at www.epa. Once they find mold in their apartment, they need to send notice to their Landlord. Mold is not only toxic to your renters, but it can also be destructive to your property. If the presence of mold affects the livability of the apartment and the health and safety of the tenants, the landlord is in violation of this warranty and the tenant should move out. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems—such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma—allegedly caused by exposure to "toxic molds" in their building.. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. If you fail to fix a mold problem in your Florida rental property, the law provides your tenants with two options. It feeds on dead organic matter, including animals and plants. (954) 241-2260 Landlord Responsibility For Mold We frequently receive emails from tenants asking about the landlord responsibility for mold in an apartment or rental house. Mold is a common type of fungus that thrives in moist, warm conditions. It is important that they do not prevent them from coming to the property to inspect for the mold. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. Florida’s law requires a landlord to give notice in most situations before the landlord can enter the apartment. It often grows quickly in areas with humidity problems and poor ventilation such as attics and basements. Remember, not all mold types are dangerous. For tenants, s. 83.51, Florida Statutes, requires that the landlord “[c]omply with the requirements of applicable building, housing, and health codes” and if the premises is located in an area that doesn’t have local building, housing or health codes, then the landlord is required to “maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition.”  Although, the statute does not specifically mention “mold”, many local code inspectors will issue a citation against a landlord for failure to meet minimum housing standards where mold is present. Most are harmless to humans and can grow anywhere so long as there is oxygen, organic material, and moisture. Below are 4 tips to assist you in identifying whether toxic mold is present in your apartment, meaning that mold laws have been violated. Mold laws are designed to protect tenants from living in infected homes and becoming seriously sick. Mold prospers in warm, damp places, and is an environmental hazard. Civil litigation arises often and you should be ready. The first option is known as “repair and deduct.” With this option, tenants can take care of the mold cleanup themselves and then deduct the costs from the rent amount. Please note that you need to disclose any mold issues to prospective tenants if you decide to list the property for sale. This can be done with a dehumidifier or an air conditioner. During routine inspections, check for any leaks or water damage beneath cabinets and around all water fixtures. Remember, not all mold types are dangerous. They uncovered a serious habitability issue in an apartment complex because of mold. Here are some things you can do to prevent this: As a landlord in Florida, it’s your responsibility to ensure your tenants live in habitable living conditions. Sometimes, renters or homeowner’s insurance policies will cover mold-related damages. We are now accepting cases throughout the State of Florida in cities such as Tampa / St. Petersburg, Clearwater, Orlando, and Naples / Ft. Myers areas. Encourage your tenant to place a maintenance request immediately when they spot any mold growth. Take, for example, one case of an investigation done by a local news channel. Tenant Self-Help Strategies in Florida. The spores are found in the air we breathe, but extensive mold contamination may cause health problems. In some scenarios, a lease agreement may be deemed illegal and as a result, is generally not enforceable. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. For additional information, please refer to Chapter 83, Part II, Florida Statutes (F.S. Some local housing codes will refer to mold as causing a premises to fail to meet minimum housing standards, however, these local codes differ from city to city and county to county. https://www.themold.lawyer/wp-content/uploads/2016/07/Mold-Mystery-1.mp4. The last thing any landlord wants to hear is, “Hey, I think there’s black mold in my apartment…” However, the reality is it happens — especially in a state as humid and muggy as Florida. Official Florida Mold Laws for Renters. Check to see whether your homeowner’s insurance policy covers this. Basically, the Florida Mold laws are usually interpreted as either the landlord has to properly remove the toxic mold as to bring the rental unit back into a safe and habitable dwelling, or the tenant can have it completed by professionals and the landlord foots the bill. 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