Mold Legal Questions & Answers
[May 4, 2003]
Q.
My boyfriend and I moved into our home in
Sutter Creek, CA in mid February. When we first moved in, we noticed a small amount of
mold was growing in the bathroom. But with the age of the home, and the lack of
ventilation, we assumed it came with the territory and didn't mind cleaning it. I am
currently just past 4 months pregnant. There was no need for alarm until we began to get
extremely ill. After both being ill off and on for 2 whole weeks, we noticed that the
entire wall in the bedroom was covered in black mold from the floor up. We cleaned and
notified the landlords of the mold. They suggested that we keep cleaning to make sure the
mold did not return. Also, to move our things out of the bedroom and sleep in the living
room. When asked, they claimed this was the first time they had this kind of problem in
the home. The neighbor had told us that the people before had to have the home repainted,
with the landlord's permission, due to the mold. We had the Health Department come out
and look at the home, but they say there is nothing they can do. The Health Department
suggested we move the furniture away from the walls to keep our things from molding
anywhere else in the home. When we did, we found MORE MOLD! On the wall in the living
room grew huge, black, fuzzy mold. We then moved all our belongings out and into storage.
The mold was tested, only to find out that there were high traces of Cladosporium, and
Alternaria. We were out by early April. The landlords don't seem to care. We notified
them of the problem as soon as we noticed it was there. They have yet to do anything
about it. They are also preparing to rent the home out again! My concerns are: even
though we were there only a short amount of time, we were still exposed to a heavy amount
of mold. I fear for my unborn child's health. And I am wondering if we don't see symptoms
now, will we see them later?
A.
Whether or not you will experience any
lasting mold health effects from living in that mold hell is partly a function of whether
mold is already growing inside your body and whether you mold decontaminated all of your
clothing and furniture and other possessions before moving them into your next place to
live. If you failed to effectively clean mold spores and mold growth off of your personal
possessions, it is very likely that you have mold cross-contaminated your present living
quarters. You might want to consult with an environmental attorney as to your rights to
damages for health testing, health care, damage to your health, moving costs, and for
professional decontamination of your clothing and other personal possessions. Please
visit www.moldlawyer.com. To know
whether you have mold growth inside your body, you need to be carefully examined and
tested by a mold-experienced physician such as a pulmonary physician [lung doctor]. With
your being pregnant, it is important to know whether you have a mold problem in your body
and/or in your personal possessions because exposure to mold infestation can cause birth
defects and miscarriage.
[April 20, 2003]
Q.
I would like to first thank you for your
very informative web site. My husband and I recently bought a house built back in
the 1950's. It's original construction is cinder block, but with a wooden add on.
We have discovered since winter started that our "new roof" has developed several leaks
so far, effectively ruining the brand new blown-in insulation we just paid for. We were
told by the owner that when it rains really hard for a while that the crawl space under
the house tends to flood a little, and that all we needed to do was turn on the sump pump
for a couple of minutes to get rid of the water. Well we have since discovered that we
have to turn on this pump EVERY time it rains! And there is so much water gushing
out of this sump pump hose that with the water pressure it could easily double as a fire
hose. It's unbelievable! It will run that way for up to 15 minutes to a half hour!
We have noticed a black mold on the interior brick walls in a couple of the bedrooms. The
heating duct runs along the crawl space and had to be reconnected before we moved in as
the previous owner never ran the heat pump so it set disconnected for who knows how
long. We have been noticing several of the classic signs that are described relating to
black mold. We noticed these signs before we even knew about the harmful effects of
mold, so they are not psychosomatic. My husband has been suffering from severe mood
swings, so much so that he went to the doctor yesterday to see about anti-depression
drugs. We have both been getting nightly sore throats, we have both been feeling
that disconnected feeling and mine has been so bad that I failed to recognize a couple of
long time friends of our when they showed up at our place of unemployment
unexpectedly! Until my husband said who they were, I didn't even recognize them. I start
to say something and halfway through it I forget what I was talking about and how to
finish it. I was afraid I was in the beginning stages of Alzheimer's disease, but I'm
only 33 years old. I hoped that wasn't the case. I have been having a lot of diarrhea,
but I thought that I only had Irritable Bowl Syndrome. I've been waking up with night
time nausea and have had a few bouts of vomiting since living here. I am generally a very
healthy person. My daughter who is 15 has been complaining of headaches often as do I and
lately I've been suffering from leg pains much like the growing pains you feel in your
legs during puberty. I know that I sound like a hypochondriac, but I really don't feel
very well anymore. Could we have a toxic mold problem? If so who can help? We are flat
broke and living from paycheck to paycheck! Is there a govt. run agency that can help us
with this if in fact we are living in a sick house? How can we relocate? We are
Christians and so we cannot sell this place in good conscious knowing what is wrong. Will
we have to walk away and let the bank foreclose? We intend to do a home sample test of
our home and send it to a lab to have it analyzed. That, according to this website I went
to, only caused $50 a sample, but from what I have read it's a far cry from what it
cost to have someone come in and do a full test on your home! We are so discouraged, we
just don't know what to do other then pray. None of this was disclosed to us but if we
try and sue for what it will cost to get out from under this sick house and recoup the
cost of our belongings, also contaminated, how do we know that the previous owner even
has that kind of money? Anyway I know this has been lengthy, but we truly don't know
what to do this is very frustrating. No matter what though we will not raise our children
in a sick house, if we have to, I guess we just abandon ship and ruin our credit for a
while I really don't know what else to do! Any information you have would be greatly
appreciated and badly needed. God bless you and your work.
A.
Your first immediate step is to move out
of the house to a mold safe place to live. Since you have the same problem that most
people have [not enough money], you might consider buying one or two tents from a local
discount store and living in your back or side yard so you can start living free of the
severe mold contamination that is going to be every where in your home because of the
severe roof water intrusion and crawl space flooding. Don't take any clothing [except
clothes you're wearing] or other possessions out of the house because they will be mold
contaminated and they would thus cross-contaminate wherever you move to. You should
follow the directions of our book "Do-It-Yourself
Mold Prevention, Inspection, Testing, & Remediation" [available on
www.moldmart.net ] to disinfect all
of your clothing, furniture and other personal property of mold spores and mold growth.
For example, to remove mold spores from clothing, wash the clothing at least twice in an
automatic washer with 2 cups of Borax laundry detergent. Borax is a natural mold killer
and mold cleaner. As to getting your money back and possible damages from the seller [and
realtor if there is one involved in the sale to you and from the mortgage lender of your
home [lender liability], find out your legal rights by contacting an environmental
attorney in your area. Please visit
www.moldlawyer.com.
[June 7, 2002]
Q.
There is a mold problem in the apartment
I rent. My young daughter has developed respiratory problems due to the severity of the
mold. This has been confirmed by her pediatrician. My lease agreement (signed 5 years
ago) states that there is an automatic renewal of 12 months on the anniversary date of
the original signing and also states 60 days written notice for termination of the
lease agreement. I have given the 60 days written notice, stating that we are moving
because of the mold problem and my daughter's illness caused by this. My landlord now is
giving me a hard time because I signed the original agreement in March and I gave notice
in June. Since the problem is so severe and my child is very sick, can the landlord do
anything legally to me in this situation or can I do anything to prevent him from suing
me?
A.
A landlord owes a duty to provide a
healthy apartment in which the tenant can live without suffering building-related health
problems. You need to obtain the advice from a local attorney about your possible rights
against the landlord for harming your family's health, upcoming medical bills, for having
to disinfect mold from your personal possessions prior to moving, moving expenses, etc.
When your lawyer starts going after your landlord for damages, your landlord may be more
cooperative about letting you out of the lease for the mold hell in which your family is
presently living.
[June 3, 2002]
Q.
I am currently caught up in a conflict
with my previous landlord over the extensive mold I found in my walk-in closet. When I
complained, they evicted me and blamed me for the mold. They said that they found cat
urine on the carpet, and that was what caused the mold. I think they are making up
excuses, because I never left the closet door open because I didn't want my cat to get in
the closet. Also, they have had several water line problems for which they have had to
shut off the complex's water in order to fix. They also say that there are no pipes
anywhere near the closet, which I find hard to believe considering my bathroom is next to
the closet. They even knocked holes in the wall between the bathroom and closet. They
have a letter from some supposed professional saying that the mold was due to my neglect,
and the cat urine. Seriously, can cat urine cause mold? Oh, and this doesn't start to
touch on the constant headaches I've had, horrible nosebleeds, etc. Thanks for your help!
A.
If the cat urine left a specific area of
carpet and padding beneath wet for at least 24 hours, it is possible for mold to start
growing from the moisture provided by the pet's urine. If mold is growing on or in
carpet, there is a possibility of your cat having caused the carpeting mold problem.
Molds can be caused by water problems resulting from pets, and pets can become sick from
molds that may be inside the pet owner's home or apartment. Pet mold can be a very big
problem. But you kept your cat out of the closet! If mold is growing inside or on
closet walls, such mold growth could only result from the closet walls becoming wet for
more than 24 hours. It is not likely that your cat was wetting walls or inside walls.
Because of your health problems arising from the rental unit mold and because of the
allegations against you by the landlord, you should consider hiring a mold lawyer or mold
attorney to represent you in this mold and pet issue. Please visit website
www.moldlawyer.com.
[May 15, 2002]
Q.
I live in Saginaw, Michigan and I have
had mold in my house for over a year and it has gotten worse. I rent and the landlord has
known about this growing problem since it started he has done nothing about it. The mold
is black and there is quite a bit of it and I have recently called the housing inspectors
to check it out and they gave him 90 days to fix this and many other things like pealing
paint and other things and in 2 weeks from today his 90 days are up and he has done
nothing. I have 4 kids and they have all been sick with upper respiratory problems for
about 4 months now. One of my children who is 3 has bad asthma and this does not help and
they have missed so much school for emergency room visits to the hospital. I have 2
autistic children and to tell the truth they have learning disorders already and I do not
know what this is doing to them. I can not sit by any longer on this I have told the land
lord many times to fix this problem as he wont the basement leaks bad when it rains and
some times when it just sprinkles. I am tired of this and having my children just lay
around the house coughing and fevers and taking them to the emergency room. One child has
been in the E.R. 7 times in the last 3 months they even kept him over night. They all
have the same symptoms. Can you tell me a good lawyer? I have the health department
coming over to check this out also and they will test the mold. My daughter who is
autistic is 5 and her lead level was 4 in 1999 now I have to get them all tested because
they tell me that they should have a level of 0 and I have lived here since 1986 and it
has went through 2 landlords when the other guy owned it he kept everything up and he got
sick so he sold them to this guy and since then he has done nothing to fix
anything. Please reply back on how I can get a lawyer.
A.
With the double threat of both lead and
mold contamination of your rental house, you need to to move your family out immediately
to safer living quarters. If you do find a good attorney, it will take months or years to
get legal justice against the landlord. In the interim, your family's health gets worse
every day you remain in the house. If your landlord is court-ordered to repair the home,
you will have to leave anyway to enable the mold remediation procedures to be done.
Before you surrender possession of the rental house, have it thoroughly mold-tested,
whether by the health department or by a professional company like Mold Inspector. For
testing tips, please visit
www.moldinspector.com. To find a lawyer, please visit:
www.moldlawyer.com
[April 30, 2002]
Q.
I have been diagnosed with a mold induced
respiratory illness but my doctor can't prove it. As many as 50 of my co-workers have
filed for related compensation all have been denied as work related illness. The mold
infestation was the worst I have heard of in my research. Here is the kicker. The effect
medium was 74 buses used to transport disabled and sick people. The cover up is amazing
and I literally fear for my own safety. Everyone in power has buried the issue and
minimized the infestation. I keep active in the media and the public eye trying to expose
the realities and liabilities of this issue. I also have charges laid against my former
employer with the Canadian human rights commission. I have lived this nightmare for more
than two years and am now very well educated in many of the facts relating to this issue.
What I need is support for the victims and testimony to the facts. All I have received is
double talk and unaccountability. I hope to hear from you in this matter. I don't know
how long I can or for that matter will be able to keep up the fight. Sincerely, Wayne
Sykora, former safety and health representative for Paratranspo and committee co-chair.
If anyone can help us, please email me at:
sykoras@sprint.ca.
A.
Thank you, Wayne, for bringing your
serious situation to the public's attention. When employers ignore the valid health
complaints of their employees, and when requests for assistance to government agencies go
unanswered, the best way to deal with the problem is a well-documented lawsuit against
such uncaring employers. Mold Inspector has herein published your letter, name, and email
address to facilitate contact with you from anyone who can help you and your co-workers.
Go find different doctors who can test your and your co-workers blood for mold antibodies
to document the presence of mold inside your bodies. Also, have a lung specialist
[pulmonary physician] take lung biopsies to test for molds growing inside your lungs. The
transport buses should also be tested for elevated levels of unhealthy mold spores.
[April 30, 2002]
Q.
I may have mold in my apartment I am
renting. My kids and I have been very sick and we have mostly all the symptoms. What can
we do. It is causing us many health problems at the moment. We are on disability for
other health problems, and this is making it worse. The landlord was told 3 times about a
hole coming in from the ceiling in bathroom, and they came and patched it with spackle
all 3 times. It keeps coming open. The smell of mold is in the bathroom and other rooms
in house. I cannot afford a specialist, as I found out they cost over $150 dollars
minimum. What can I do? Can you help? I need to find a good attorney.
A.
Most
landlords don't carry about the bad health effects of mold infestation in their
apartments or rental houses. With limited funds, you ought to locate your local Legal Aid
Society or other community-based legal services plan to help you to get the attention of
your landlord to get your apartment mold contamination problems tested and remediated.
Another alternative is to find an attorney at
www.moldlawyer.com. Your best bet would be to move as soon as possible to a mold-safe
apartment to protect your family's health against serious health problems that can be
caused by living in a moldy apartment.
[February 21, 2002]
Q.
Seeing your Q and A section almost made
me cry. I live in Santa Monica, CA with my wife and 3 ½ year old child. We’ve been having
increased respiratory and sinus problems and know that there is a mold problem in our
unit. There is inadequate drainage from the roof of the building and I feel that it is
the main cause. Also, we have no proper ventilation in our bathroom. Well, the property
management company has finally called in some “Risk Management” people who inspected and
indeed found lots of moisture. They did not take any mold samples however. From what I
read, I guess we should try and get tested by a respiratory specialist, then take steps
in moving away from the source. Your site is very helpful and we will probably ask you
for a reference in having a specialist come out to inspect our place when we take legal
actions. Do you have any recommendations for an inspector in Santa Monica, CA? How much
does it run and can we use the results for legal purposes?
A.
You should hire and pay for your own
apartment mold inspection and apartment mold testing so that you know what mold health
risks your family is really exposed to. Most landlords will not pay for thorough mold
inspection and mold testing, and most do not care about the health damage caused by moldy
apartments to residents. For this reason, instead of calling such negligent landlords
"slum lords," I think the most appropriate description of such bad landlords would be
"mold lords." If you have your own written inspection and testing results, you [or,
better yet, an attorney on your behalf] can insist upon immediately moving you to a
mold-safe apartment and pay for a complete disinfecting or replacement of all of your
mold-contaminated personal possessions, as well as compensation for medical testing and
medical treatment of your family members. To find a Certified Mold Inspector in your
area, please visit: www.sanjan.com.
For do-it-yourself mold testing, please visit:
www.moldinspector.com.
[February 4, 2002]
Q.
I have been sick with a sinus infection
and cough for over two months. After one round of antibiotics it hadn't gone away so I
returned to the doctor. Had two more weeks of antibiotics, still no cure. Then it dawned
on me that there were about a dozen of us at my job who all had chronic sinus infections
- four people who had to have sinus surgery and still are having problems. I have asked
that our building be tested and after some delay they have said they will. I am going to
an ENT to have a CAT scan and further treatment. I am afraid to continue working in this
building until the mold has been confirmed and removed. I have requested to work at home,
but this was denied. Are there any legal precedents that would allow me to stay out of
this building until the results are in? I don't want to do further damage to my body and
once the infection is cleared, certainly don't want to be re-infected again. What are my
rights? I presume once the mold is confirmed I will have a workers comp case, but until
then I don't have enough sick leave to cover the time off that I would need while they
test/fix the building. Also, I want to thank you for such a comprehensive webpage - the
information gained here has helped arm me with the information I needed to push my
employer to do the necessary testing. You have put a lot of work into this site and I
just want you to know that I (and I'm sure thousands of others) appreciate your work. Who
knew that mold infestation was such a prevalent problem causing such serious health
problems?
A.
Ask your employer to purchase a number of
Honeywell brand HEPA air purifier [portable] from Lowe's or Home Depot or an appliance.
If your boss won't do so, buy one for your area at your own expense [to be reimbursed in
the future when your future attorney pursues your legal rights against your employer].
Put one hepa filter into each work area or office. The Hepa filters will 24 hours suck
airborne mold spores out of the air to dramatically improve your indoor air quality while
you are waiting for mold testing and remediation. Second, test the office air yourself
immediately by using our do-it-yourself mold test kit techniques with mold identification
analysis by the Mold Inspector Laboratory, as explained at
Mold Testing. Don't rely on
the mold test results that have been requested by your employer. You may not receive [as
an employee] all of the test results because the mold inspector's obligation is solely to
your employer. Third, after you have mold test results that prove there is a mold
contamination problem at work, hire a local attorney to provide you with legal guidance
and to send a demand letter to your employer to correct the problem immediately while you
work with pay at home. The various legal theories that can be used to sue are explained
in the legal chapter of my book Mold Law
Guidebook, available by clicking on:
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