I have black mold due to my condo leaking. Who is responsible?

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I have black mold due to my condo leaking. Who is responsible?

There is black mold growing in my condo

Asked on February 13, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Responsibility depends on fault: IF a person is at fault in causing the mold, they would be responsible for the cost to correct or remediate the mold and any consequences logically and foreseeable flowing out of the presence of mold. 
Examples:
1) The mold is there due to a roof leak; the condo association is resposible for maintaining the roof and fixing leaks, but has failed to do so; the association may be liable due to their negligence in not maintaining or fixing the roof.
2) The mold is there because an upstairs neighbor overflowed his/her bathtub and caused water infiltration inside the walls; they may make the neighbor responsible.
3) The mold is there because you never use the bathroom exhaust fan or vent and take long, steamy showers, causing a build up of condensation: you are responsible.


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