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mold in apartment lawsuit

The causes of toxic mold contamination are many, but often can be linked to defective … Should the situation arise, I would not hesitate to seek representation from them . 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. The information on this website is for general information purposes only. They all went above and beyond as far as I'm concern they are the best. Mold and its associated health risks are a concern for renters everywhere. Step Two: Determine the size of the problem.. Thousands of lawsuits over mold infestation in residential buildings and apartments are filed and litigated every year. We're here in an apartment dealing with a renter and a landlord, with an argument over mold. Lawsuit by a tenant at the Perry Homes blames mold from an overhead leak in her apartment kitchen for the respiratory problems and viral infections she and her son are Damage inside Apartment at 20 Catherine Slip, a NYCHA apartment whose residents have been trying to get mold, broken walls, cracked paint, and … Typically, lawsuits such as these are filed in small claims court. All rights reserved. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. and not cleaning up new problems – cleaning is generally the tenant’s responsibility. Mold on the living room ceiling could spread and end up damaging your living room furniture. While searching for an apartment in Columbia or surrounding areas, determining if mold is present may not be something that crosses your mind. I hired Michael Pike to represent me in a litigation matter. West Palm Beach Single Mother Fighting Her Landlord Over Mold. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. Mike explained every detail along the way, his expertise and willingness to serve only strengthened my confidence and trust. 1209 N Olive Ave West Palm Beach, FL 33401, 3801 PGA Boulevard Suites 600 & 602 Palm Beach Gardens, FL 33410, 777 Brickell Avenue, Suite 500 Miami, FL 33131. Mold is one of the most common types of fungus, and nearly all homes throughout the United States have a small amount of mold within them. Can I File a Lawsuit? We can not express how happy we are to have had the pleasure of Pike & Lustig to represent us. According to the Centers for Disease Control and Prevention, exposure to mold can trigger the following health effects: Humid and damp areas like Florida are mold-friendly environments, which makes it easier for this indoor air toxin to grow and spread anywhere where moisture and dirt are (inside walls, under carpets, and other damp areas). Mike Pike handled my auto accident case. If you suspect there is mold in your rental unit, learn what to look for and when your landlord might be liable. Mike Pike and his team were extremely helpful and professional. Toxic Mold Lawsuits: Overview. If you believe that there is harmful mold on your property, you should notify an expert to determine if the mold is actually toxic. Despite the high levels of toxins confirmed by a test from a certified mold inspector in West Palm Beach and visible signs of the mold in the vents, in the door, and behind the water heater, Palm Beach County code enforcement did not cite any violations during their own inspection. There are also a handful of more serious illnesses that have been linked to mold exposure, but this link has not yet been proven. He was aggressive with negotiations and getting the best result for the facts of my case. Your landlord has a duty to address the issue within a reasonable amount of time, however, remember that the landlord is responsible for structural defects (i.e. fax: (803) 788-7432 With two quick consultations by phone, a review of the agreements and IP in question, and a powerfully written response to a frivolous cease and desist I received, my issue was handled fairly, swiftly, and to my complete satisfaction. While a little mold is normal and harmless, too much mold, and certain types of mold, can be dangerous for human health. There is No Statute Prohibiting Mold in Florida. P.S. I am extremely fortunate to have had Daniel Lustig as my attorney. If you bought an existing home and now toxic mold has shown up, the previous owner (s) of the property could be liable for most categories of losses … Here’s what you need to know about the dangers of mold, and what your rights are if mold causes you harm. They truly do work hard for you and we had a better outcome than originally expected and we can't thank them enough for how well they represented my husband and I. I'm so glad I found the Pike and Lustig website, I couldn't have asked for more! Mold prospers in warm, damp places, and is an environmental hazard. With every apartment that gets turned over to private management, public housing officials wipe away mold fixes and other unfinished work, an advocacy group charges. We have gone through those laws and explained how a landlord can be held responsible for mold problems. If mold does exist, however, it could pose certain risks. Very good trial attorneys. To prevent a potential landlord-tenant dispute, your landlord has an obligation to provide a safe, habitable, and sanitary environment. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? Landlord Liability for Mold in North Carolina. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. Great job. Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven't suffered any health problems from being exposed. Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. Very appreciative for this firm. We highly recommend this firm. If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Very happy with his service. Toxic mold has been known to cause a number of severe injuries and health conditions, including respiratory problems, flu-like symptoms, headaches, and skin irritation. I felt like he had my back every step of the way and that he was very committed to my case. Can I Sue if I Find Mold in My Apartment? Preferably, this should be done via letter or email, so there is a written record for the potential landlord-tenant litigation. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord. Learn more about your rights and obligations as a tenant or landlord in West Palm Beach or elsewhere in Florida by contacting Pike & Lustig, LLP. can help you to understand what to do next. Last Tuesday, CBS12 News reported that a single mother living in a low-income complex in West Palm Beach was fighting her landlord over unsanitary living conditions. The lawsuit alleged that the landlord, Greenberg, and her property manager had failed to properly manage and maintain an expensive home in La Jolla they had rented to the Plaintiffs. However, North Carolina law requires landlords to fix excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mold (N.C. Gen. Stat. If your health suffers as a result of exposure to mold, you should seek medical care and document all care received as proof. Peake & Fowler Law Firm, P.A., is located in Columbia, SC and serves clients in and around Newberry, Lexington, Sumter, Allendale, Orangeburg, St. Matthews, Bishopville, Florence, Blythewood, State Park, Eastover, Columbia, Elgin, Irmo, Hopkins, Ridgeway, Lugoff, Ballentine, West Columbia, Kershaw, Camden, Dusty Bend, and Richland County, Lexington County, Calhoun County, Orangeburg County, Sumter County, Kershaw County, Newberry County, Fairfield County, Lee County, Clarendon County and Florence County. Growing wherever there is moisture, therefore especially common in bathrooms and kitchens, mold can have a variety of effects on health. Mr. Pike was honest. His staff was also very helpful and organized. If you own a rental property, you should take mold seriously. If the problem goes unresolved, our Columbia personal injury lawyers at the offices of the Peake & Fowler Law Firm, P.A. As a result, the woman’s daughter, a toddler, developed breathing problems. You can only do this under very specific circumstances (see below). I highly recommend them and they are the law firm I trust to handle our family’s needs. The lack of any formal guidelines on how much mold is too much is part of why regulation hasn't existed until now, and why tenants have a hard time arguing for damages in court. For those with mold sensitivities or certain health conditions, exposure to mold may result in: Even in people who do not have mold allergies or mold sensitivities, however, research indicates that exposure to mold can cause upper respiratory tract infections, shortness of breath, and the potential development of asthma. Michael J. Pike was referred to me by a friend as 'the best attorney there is' for handling an intellectual property dispute involving non-compete agreements, trademarks, and copyrights. They were also very compassionate towards us and our case and they took it on as if it was their own and as if it affected their own family as it did ours, which touched our hearts. Working with Daniel took away all my stress and fears and I am incredibly satisfied with my experience! Pike and Lustig were amazing handling our car accident. Missouri Mold Laws . He gave me my options, was up front about the possibilities and risks for each available course of action, and then he did exactly what he said he would do, when he said he would do it, creating the best possible outcome for my situation. Daniel Lustig is amazing!! He settled my issue in less than a week after another lawyer did nothing for 2 years! Highly recommend him. Call our offices at 561-291-8298 or complete this contact form to receive a consultation. Removal of mold typically requires the destruction of all infected materials, such as sheet rock, floorboards, and … Her daughter was hospitalized three times due to respiratory problems, and the woman thinks mold is to blame. However, many factors play into the overall increase of claims being filed. Many people blame the increasing American culture of wanting to sue. Jonathan Leonard said he paid a mold remediation company $300 to evaluate his apartment in August. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. As reported by the U.S. Centers for Disease Control and Prevention (CDC), some people are more sensitive to mold than are others. One of the duties is preventing and removing mold. Insurance Coverage and Mold in Texas Indoor Air Quality Guide for Tenants: Guide explaining the laws that might apply to indoor air problems in rental properties and suggestions when looking for assistance to resolve indoor air quality problems. Breath of fresh air and I felt like I actually had an advocate in my corner! Unfortunately, not all landlords adhere to these laws and continue to rent apartments despite the presence of toxic mold. Tenant Exposed to Toxic Mold Gets $250,000 Settlement A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold to … Mike Pike is the real deal! Not billing! How Our Columbia Personal Injury Lawyers Can Help. I will recommend them to my friends and family for all business and personal injury matters. Therefore, the West Palm Beach single mother – like any other individual in a similar situation – has only one option left: to sue the landlord in civil court. You can actually talk to Mike as opposed to other attorneys. It is important that the contact is in writing for documentation purposes. In most cases, issues between landlords and tenants in remedy and repair situations are heard in small claims court because of the small dollar amounts that generally are at stake. His objections were well made and well placed at trial and frustrated the rhythm of the opposing counsel and gave him alot of credibility with the judge. If you're renting your residence, your landlord or property manager could be liable for health problems and damage to personal property stemming from mold exposure (renter's insurance could also come into play to cover property damage). However, not all mold can be seen with the naked eye; in some cases, mold may exist under carpet or beneath flooring or walls, making it very difficult to detect and remove without professional intervention. File (turn in) a lawsuit against the landlord in court. As a tenant, if you have suffered from any illness due to mold contamination in your rented apartment, then you can sue the landlord for compensation and damage. Before filing a complaint, you should try to resolve the issue with your landlord, managing agent, or superintendent. Even the judge complimented Mr pike on well he performed during trial, several times I might add. 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. If you are looking for a lawyer to help you in a mold lawsuit in Las Vegas, be sure to document all evidence before reaching out. Landlords, who fail to make their property free from mold contamination, can be sued by their tenants. He listened to all my concerns. Mold Information for Tenants fact sheet, p02069c (PDF): Basic information for tenants dealing with mold concerns. To learn more, contact our law offices today online or by phone at (803) 788-4370. In evaluating a potential lawsuit, one of the first things you'll need to do is identify which people and companies might be liable to you for the mold infestation. https://www.peakefowler.com/wp-content/uploads/2018/01/mold.png, https://www.peakefowler.com/wp-content/uploads/2018/01/logo_PF-full-dark1.png. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this. He was professional, knowledgeable and extremely helpful- a real superstar. These conditions include memory loss, lethargy, and acute idiopathic pulmonary hemorrhage in babies. 9357 Two Notch Road Mold, the relatively innocuous-sounding inhabitant of many a bachelor's refrigerator, is generating nationwide media attention and involving homeowners, architects, construction companies, commercial and residential landlords, property managers, employers and contractors in multimillion dollar lawsuits. If you notice mold in your apartment, contact your landlord immediately. A few different types of mold have been labeled toxic, most notably Stachybotrys atra. It spreads easily, so mold on a closet wall could spread and end up damaging clothing or other items stored in the closet. This law firm website and legal marketing are managed by MileMark Media. A landlord can potentially be held liable for the tenant's moving expenses and any mold damage to the tenant's possessions, as well as damages from illness. Toxic mold is common where humidity is a problem. Columbia, South Carolina 29223, Phone: (803) 788-4370 Mold and mildew resemble each other, and they are both fungi. I felt like he truly was working for me. Absolutely amazing team and very aggressive. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. We can advise you regarding bringing forth a lawsuit against your landlord, as well as how to demand repairs/mold removal from your landlord and other potential steps to take. I have much gratitude toward Pike and Lustig, Daniel, Christie and Mike Pike were amazing handling my case. South Florida Marketing Agency Wins $2.5 Million Verdict in Copyright Case, Physician Practice Management & Litigation. San Diego toxic mold and environmental injury attorneys Jeff LaFave and Katie Schuler recently settled a lawsuit brought by two former tenants for $500,000. If you are renting an apartment in South Carolina, it is important that you know that your landlord has a legal duty to ensure that the apartment is free from any health or safety hazards, and is fit to be lived in. The front desk staff at Pike & Lustig is AMAZING! If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. His staff was also really friendly and actually got to know me as well. landlord has a legal duty to ensure that the apartment is free from any health or safety hazards. The single mother has been living in the complex for almost three years. There is currently no federal law covering a landlord's responsibilities when it comes to mold. Courts in New York have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. From the beginning to the end they both were very aggressive and helpful and that was extremely important in the resolution of our case, they work very well together as a team and are on top things constantly. Mold laws are designed to protect tenants from living in infected homes and becoming seriously sick. When CBS12 News spoke to the director of Palm Beach County Code Enforcement, he explained that Florida used to have a statute prohibiting mold, but that is no longer the case. Daniel the head attorney in my mom's case was phenomenal as well as Mr. Pike and Christie . First and foremost, you should contact your landlord as soon as possible and notify him or her about the problem. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. He is personable (which is rare these days) and his communication with me throughout the process was prompt and thorough. Hire a contractor to repair the mold and deduct the cost of repair from your rent. Despite a test that detected high levels of mold in the single mother’s apartment in Madison Chase Apartments, her landlord ignored the problem. All Texas laws and codes pertaining to renter's rights and mold and mildew fall under the jurisdiction of civil law. Otherwise, the tenant may have a right to file a personal injury suit against their landlord to recover financial compensation for the illness, disease, or health complications caused by mold. I would highly recommend Pike & Lustig to anyone seeking legal representation that is fair, honest and will keep your best interest and unique needs at the forefront. If a test from a certified mold inspection shows high levels of dangerous mold, you should consider bringing a personal injury lawsuit against your landlord. Mike Pike handled my injury case and did and excellent job! Laws on mold differ from state to state and federal laws don’t set out specific guidelines on mold. Federal, State, and Local Toxic Mold Laws. He explained thoroughly and repeatedly all of my options, and I feel he really did work to get me the best possible settlement. My case was settled timely within appx 6 months. Although I lthink that facts were on our side and that we would have won the case anyway, having Mr Pike gave me a sense of confidence that I would not have had with different attorney. Why are Mold Lawsuit Cases Rising? He is one of the best litigators I have seen, and I have seen many over the years. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). It is your responsibility to report these issues to your landlord immediately. Mold in Apartment & Tenant Rights. I would recommend Pike and Lustig, highly. © 2017 - 2020 Pike & Lustig, LLP. Mold is a kind of fungus found just about anywhere there's adequate moisture, lack of airflow, and the ideal temperature. Pushed the case and got us a great settlement. Highly recommended. :). He is patient and a strong advocate! I am extremely grateful to Michael J. Pike and my friend who referred me to him, will definitely use him again if needed, and highly recommend his firm. Mike Pike handled our injury claim for Michael Cecere. Here are some examples of lawsuitsresulting in high-dollar awards to those who suffered because of toxic mold: A Group in California A group in California was awarded $1.3 million for claims against contractors that performed work so poorly it caused leaks and allowed mold to enter their homes. (Learn more about commercial landlord-tenant laws in Florida). Two Women in Delaware If you have been suffering from health complications due to mold in your rental unit, see a doctor to document your illness or health problems. I look forward to working with his team for all my legal needs. Let our West Palm Beach personal injury lawyers at Pike & Lustig, LLP, help you hold your landlord responsible for failure or refusal to rectify the problem and pursue compensation for your health problems. 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. Who Is Responsible for My Workplace Injury? I was truly impressed . You can report mold in your apartment or in a public area of an apartment building. If mold caused health issues, speak with our West Palm Beach personal injury attorney to discover your legal options. Michael Pike, of Pike & Lustig, handled a case for me and the outcome was favorable. In the case of toxic mold, this would cover any medical bills and related expenses for the treatment of health conditions caused by mold exposure. In recent years, mold has become a known issue. He truly cares and is about results. When seeking damages in a toxic mold lawsuit, clients often seek both compensatory damages and punitive damages. Nothing on this site should be taken as legal advice for any individual case or situation. Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. According to the Missouri Business Alert. I recommend him And his firm. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? Lawsuits against building owners, contractors, and insurance companies have skyrocketed over the last 10 years. They take care of every detail so you can concentrate on recovering. I utilized Pike and Lustig to help with my personal injury case, and I can truly say that I would recommend them to any one who has the unfortunate luck to be in a similar predicament. 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. A recent mold-related landlord-tenant dispute in West Palm Beach has shed light on the legality of the issue. What to Do If You Find Mold in Your Apartment Step One: Make sure it is, in fact, mold.. Compensatory damages are intended to cover actual losses related to an injury or illness. Mr. Pike is very knowledgeable, no-nonsense, straight shooting, and positively aggressive in his approach, which is exactly what I needed. cbs12.com/news/local/county-not-able-to-issue-violations-for-mold-in-west-palm-beach-moms-apartment, https://www.turnpikelaw.com/how-pain-and-suffering-is-determined/. Email. § 42-42). It will depend on the specific coverage your p… I would absolutely recommend him. a leak, mold underneath carpet from before you moved in, etc.) Although molds have been on our planet for millions of years, black mold in your apartment or house can cause health complications and illnesses. Robert Santos-Alborna said that “neither the state nor county not municipal government” addresses the problem of mold. Controlling mold in the home is relatively easy – you should make sure areas of moisture are well ventilated, fix leaks when they occur, and control humidity levels. Responsibilities when it comes to mold to handle our family ’ s you! Viewing does not constitute, an attorney-client relationship air and I felt he! A real superstar case or situation ( learn more, contact our law offices today online or phone. Of court Beach has shed light on the living room furniture in bathrooms and kitchens mold... He is one of the best litigators I have seen, and what your rights if... 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An apartment in August, P.A there are many types of mold to mold discover your options. And explained how a landlord can be held responsible for mold in apartment or House West! Repair from your rent does not constitute, an attorney-client relationship landlord might be liable, related! 561-291-8298 or complete this contact form to receive a consultation, in fact, mold underneath carpet from you! And they are both fungi injury claim for Michael Cecere woman thinks is. Of civil law, mold can have a variety of effects on health and that was. Did nothing for 2 years United States potential landlord-tenant Dispute or personal injury Lawsuit ). My apartment breathing problems look for and when your landlord as soon possible. State to state and federal laws don ’ t set out specific guidelines on.! In his approach, which is rare these days ) and his communication with me throughout the States! Step one: Make sure it is, in fact, mold written record for the facts of my was! The Peake & Fowler law firm website and legal marketing are managed by MileMark Media 10 years start! At 561-291-8298 or complete this contact form to receive a consultation or superintendent his., contact your landlord as soon as possible and notify him or her about the..! Determining if mold caused health issues, speak with our West Palm Beach has shed light the. In writing for documentation purposes in bathrooms and kitchens, mold has become known... Way and that he was prepared, thorough and his communication with throughout... The years increase of claims being filed should take mold seriously manner in which firm., which is rare these days ) and his team for all my legal.. Process was prompt and thorough Texas laws and continue to rent apartments despite the presence mold!

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