An experienced landlord / tenant lawyer can help both a tenant and a landlord when issues arise. For tenants, landlord tenant lawyers can help the tenant when they are discriminated against, landlord is evicting in an illegal fashion, when your landlord would not make necessary repairs for you to have a livable place, tenant has been injured because of the property, and when the …
If you find yourself in one of the following situations, consider hiring a lawyer. Your Landlord is Evicting You. If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant ...
The landlord should give the tenant a “statement of condition” within 10 days of the beginning of the tenancy or upon receipt of the security deposit (whichever is later), which describes the condition of the apartment and any damage that exists at that time. The tenant has 15 days to add to the “statement of condition” or make changes ...
Feb 24, 2021 · The attorneys at Saffren & Weinberg focus on toxic mold lawsuits. We have successfully sued landlords for mold-related damages to tenants’ health and personal property, and we can help you get compensation for your health problems and property loss. PA: (215) 576-0100. NJ: (856) 667-8888. Give us a call to schedule your free consultation if ...
Yes, you can sue your landlord for mold issues. Whether you've just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.Feb 24, 2020
If you suspect you've been exposed to and sickened by toxic mold through no fault of your own, you may be entitled to compensation. If the fault lies with an employer or a landlord avoiding the issue, you may have grounds for a lawsuit.Mar 26, 2021
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you might wish to deduct the cost of cleaning from that tenant's security deposit. California law allows landlords to do this, provided they give the tenant a written explanation of the mold damage ...
within five daysMold Disclosure Requirements in Virginia Virginia landlords must disclose any visible mold to tenants before they move in. If there is mold, tenants have the option to terminate the tenancy or not take possession of the unit. If the tenant decides to stay, the landlord must remediate the mold within five days.
Top 13 Reasons to Sue a Florida Landlord13 Reasons Florida Tenants Sue Their Landlord. ... Dog Bites. ... Slip And Falls And Other Negligence Related Injuries. ... Children Injuries. ... Breach of Quiet Enjoyment. ... Bed Bugs & Roaches. ... Lead Paint. ... Invasion of Privacy.More items...•Nov 20, 2014
Mold must be remediated in accordance with Florida law. ... If the landlord has failed to properly remediate the mold during the 7 day period, then the tenant has the legal right to terminate the lease by doing so in writing.Jan 27, 2020
The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.May 26, 2021
Surface Changes and Deterioration – Your walls' appearance can change significantly if there's mold growth behind them. In addition to discoloration and stains, your walls may deteriorate. Paint or wallpaper can crack, peel, or bubble because of moisture and mold growth.Sep 23, 2020
If your landlord is found liable for your mold related illnesses, you may be able to sue your landlord for your damages. These damages typically include the costs of medical expenses such as past or future medical bills related to the condition, as well as lost wages and other financial losses caused by the illness.Aug 20, 2019
Can I Withhold Rent for Mould? ... Technically, tenants do not have the right to withhold rent and could be subject to repossession or even eviction. However, tenants do have the right to make the repairs themselves and make up the cost in future rent.
If there is mold in your apartment, you need to notify your landlord immediately. You might also consider asking your landlord to bring in a professional mold inspector. Mold usually grows in difficult to see places, like behind walls or appliances, and the professionals will have equipment to detect it.
As a renter in Virginia, you have legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA) that include the right to: A fair application fee. A fair security deposit. A decent and safe place to live.
If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...
Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...
If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...
If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...
Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...
Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...
If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...
An experienced landlord / tenant lawyer can help both a tenant and a landlord when issues arise. For tenants, landlord tenant lawyers can help the tenant when they are discriminated against, landlord is evicting in an illegal fashion, when your landlord would not make necessary repairs for you to have a livable place, ...
While rental agreements are generally month to month. Leases are often for six months to one year or more. Occupancy: The rental or lease agreement should identify the maximum allowable number of occupants (renters) permitted in the unit.
Rental or lease agreements are a contract between the landlord and tenant that tenant that defines the terms of the relationship. A lease should contain the following terms: Rent: How much is the rent paid per month, the date of the month the rent is due and the late penalty if the rent is not paid within a certain number of days of the due date.
Security Deposit: If a security deposit is required, the lease or rental agreement should specifically state the amount. The agreement should also state how the landlord may use the deposit or if interest is to paid on it. Lastly, the document needs to be clear as to how the security deposit refund will be rendered.
A real estate attorney will be able to help you identify the law that applies to your landlord-tenant relationship and help you achieve a beneficial result. A real estate attorney will also be able to review the terms of a lease and help you discover what you will be bound to do under the lease.
If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.
Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter. By Janet Portman, Attorney. Many issues tenants face are minor and can be easily resolved by common sense and checking reputable resources on landlord-tenant law, such as a local tenants' rights group.
Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.
If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.
If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.
The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;
If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.
A landlord may only ask for the following payments up front: 1 The first month’s rent 2 A security deposit (which can not be more than one month's rent) to cover the cost of any damage to the apartment beyond normal wear and tear 3 The last month's rent (the month that will turn out to be the tenant’s last one in the apartment, not necessarily the last month on the lease) 4 The cost of a new lock and key for the apartment
The receipt must include the amount paid and the date the payment was made, and a description of what the payment was for. The receipt should also include the landlord’s name, the tenant’s name, and the name of the person to whom the payment was given.
When the tenancy ends, the landlord must return the security deposit, plus interest, within 30 days.
In general, “habitable” means a place that is comfortable and clean enough for a person to live safely.
The eviction process. The formal eviction process is called Summary Process and starts when the landlord files a complaint in court. During the eviction process the tenant will have the right to raise defenses to the eviction itself and present counterclaims for monetary damages.
Landlords and tenants should consider their rights and responsibilities when creating or signing onto a lease, as well as laws, regulations, and issues related to renting and leasing an apartment.
When a tenant signs a lease with a landlord, the tenant agrees that the tenancy will last for a certain amount of time, often one year. During that time, the monthly rent must stay the same and the landlord cannot end the tenancy (evict the tenant) unless the tenant fails to satisfy the conditions in the lease.
Health Problems That Are Caused by Mold 1 Asthma, in people who never had asthma 2 Frequent and more severe asthma attacks in people who have asthma 3 Lung Infection, especially in people with a suppressed immune response such as cancer patients undergoing chemotherapy, those with HIV, and those who have received a stem cell or organ transplant
If you don’t have medical insurance or your insurance doesn’t cover all of your medical expenses from exposure to mold, you can sue and recover those costs as well as for the cost of future medical treatment.
Yes, you can sue your landlord for mold issues. Whether you’ve just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.
The cause of water entering the house may be flawed construction or design, the wear and tear on the property over many years causing window, roof, or water pipe failure or flood. A severe storm may also cause sewer back up or roof, window sash, or soffit damage that allows water into the property, causing mold growth.
PA: (215) 576-0100. NJ: (856) 667-8888. Give us a call to schedule your free consultation if you’ve suffered health or property damage due to mold. You are likely entitled to compensation.
Mold can enter a property through open doors, windows, vents, and heating and air conditioning systems, via damage to the property that allows water in, or through a flood.
Most renter’s insurance will cover mold damage to household goods, furniture, and personal possessions. Still, there may be an exception for mold that developed over time that you should have noticed earlier or an exception for mold that is present as a result of a flood. If you do not have renter’s insurance or your policy does not cover this ...
If you suspect there is mold in your rental unit, learn what to look for and when your landlord might be liable. Even better, take steps to prevent mold before it becomes a problem—or clean mold up before it does become a problem.
(But, as explained below, landlords can be held responsible for mold problems even absent specific laws governing mold.)
Tenants have some duties to maintain their rental unit, so when a tenant's own negligence is the sole cause of injury, the landlord is not liable. To avoid causing any mold problems, practice good housekeeping, such as ventilating your apartment.
Some landlords include clauses in the lease that purport to relieve them from any liability resulting from mold growth. At least one court (in Tennessee) has refused to enforce such a clause, ruling that to do so would be against public policy.
The villains—with names like stachybotrys, penicillium, aspergilus, paecilomyces, and fusarium —are black, white, green, or gray. Some are powdery, others shiny. Some molds look and smell disgusting; others are barely seen—hidden between walls, under floors and ceilings, or in less accessible spots, such as basements and attics.
Mold is an environmental hazard that can cause concern among renters. 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.
Humidity sets up prime growing conditions for mold. Buildings in naturally humid climates of Texas, California, and the Southern U.S. have experienced more mold problems than residences in drier climates. But whatever the climate, mold can grow as long as moisture is present.
If you sustained personal injuries or property damage caused by mold or are having difficulty obtaining landlord mold clean up, an experienced attorney may: 1 Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place 2 Arrange tests verifying the existence of mold or air quality standards 3 Examine the causal relationship between mold and your condition with appropriate experts 4 Investigate workmanship, materials, and other construction aspects which may have caused the toxic mold
Toxic mold, including black mold, starts growing in moist damp places and expands to create a contaminated home or building. It releases spores and mycotoxins (poisonous toxins) that affect air quality and cause health problems.
Arrange tests verifying the existence of mold or air quality standards. Examine the causal relationship between mold and your condition with appropriate experts. Investigate workmanship, materials, and other construction aspects which may have caused the toxic mold.
Symptoms of Mold. Headaches, dizziness, difficulty breathing, and other irritations. Damage to lungs, allergies. Invasive illnesses and damage to major organs. Whether your exposure to poor air quality standards from mold occurred in the home or elsewhere, an attorney may be able to identify who might be responsible.
Many of our clients are tenants who were unaware that Florida’s Landlord-Tenant statutes protects tenants from living in sub-standard living conditions. If you are being exposed to toxic mold, you need to take action. Toxic mold may affect your health and damage your personal belongings. If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem. Click here for a sample 7-day Notice to Cure. If the Landlord fails to fix the problem within a 7 day period of time, the law allows you to terminate your lease and move to a new place. Alternatively, if you are unable or unwilling to move out immediately, once you give the proper legal notice, you can withhold your rent until the Landlord repairs the mold issue. Once you terminate the lease, you are no longer responsible for the rent. However, providing the correct written notice to the Landlord must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For these reasons, we recommend you contact us for a free case review.
Although you may see visible mold growth or a musty mold odors, sometimes mold grows behind walls, underneath flooring, in the ceilings, or even in your air conditioning ducts.
Toxic mold may affect your health and damage your personal belongings . If you are renting an apartment, condo or home that has a mold problem that was caused by the Landlord’s neglect, the law gives you the opportunity to provide a written notice to the Landlord which requires the Landlord to remediate the mold problem.
The effect of mold on your health. Although every person has a different health reaction to mold exposure, certain symptoms have been recognized as common among individuals who have been exposed to toxic mold or are living in a water damaged environment.
Once you terminate the lease, you are no longer responsible for the rent. However, providing the correct written notice to the Landlord must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For these reasons, we recommend you contact us for a free case review.
These include throat/eye irritation, headaches, congestion, coughing, asthma, and skin irritation.
This can spread the mold to the air, and is at best a temporary fix. It also can have the negative result of wiping away evidence of a problem. Most of the time mold will grow back if wiped away because mold can live inside walls. To be safe document the problems before attempting any cleaning.
If your landlord doesn’t take proper action, contact the SF Department of Public Health. They’ll send an inspector out and, if your problem warrants it, serve your landlord a notice of violation. This can be helpful in compelling your landlord to act (if they refused to do so), and can be useful evidence for purposes of a potential lawsuit.
If you’ve followed the steps above and your landlord still refuses to fix the issues, you may have grounds to sue for constructive eviction.