What to do if I’ve been in my apartment for 12 months and have been diagnosed with various recurring infections and just discovered that there is mold in my apartment?

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What to do if I’ve been in my apartment for 12 months and have been diagnosed with various recurring infections and just discovered that there is mold in my apartment?

I have had bronchitis, sinusitis and upper respiratory infections. I performed a home mold test and it showed possible signs of mold, the test has been sent to the lab for further testing. I have notified the leasing office by phone and letter of the possible mold issue in my apartment, but they have made no efforts to investigate the issue. I have been living with a family member for a week to avoid any further health issues. Should I seek legal advice for this issue? If so, what area of specialty should the attorney specialize in?

Asked on April 28, 2015 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe that the mold may have contributed to or caused your infections, then you should seek legal advice. You have two different routes to explore:

1) You could talk to a landlord-tenant attorney about whether this is a violation of the implied warranty of habitability and whether, if so, you would be entitled to withhold rent until correct and/or to a rent credit for the time you've been living with it; or

2) You could speak with a personal injury attorney about possibly suing for compensation.

Of the two, I would recommend trying  the landlord-tenant route first, as being more likely to be provide a good outcome in this context.


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