Is my landlord responsible for damages to my personal things caused by mold in my apartment?

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Is my landlord responsible for damages to my personal things caused by mold in my apartment?

Asked on November 23, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the circumstances. IF the landlord had notice (knowledge) of a developing or growing mold problem and failed, within a reasonable period of time, to do something about it, he may have been negligent in not dealing with the situation and so may be liable for your damages or loss. However, if the landlord did not have any particular reason to know of the mold problem and did was not doing anything else to particularly cause or contribue to it (for example: did not ignore a water leak which led to the mold), he would most likely not be responsible. The law does not expect landlords to be perfect or never have mold (or other problems)--they are just expected to deal with those problems when they know of them.


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