Saturday, January 26, 2008

Mold in Your Apartment - Who is Liable?

If you move into an apartment or a home and you sign a lease, some people might think that they’re stuck with that lease even if they discover that the property has a substantial mold problem. This is not true.

No matter who you’re renting from or what kind of property, it is the landlord’s responsibility to provide you with a healthy place to live. If you or your children become sick due to the mold located in the home, apartment, or business you are leasing, your landlord can be held responsible.

The only thing that you have to do first is prove that mold exists in your rented space. That burden or proof is on you because in most leases, mold testing, inspections, and removal are not covered by the landlord. Landlords do not pay for these; you do. If there is a problem, you have to prove it.

If the rental property is infested with mold, the landlord might be liable for the damage to the tenant’s health, the medical bills associated with mold, loss of income due to sickness, and for the damage to clothing and other possessions. Other possible liabilities include the expense it takes to move to a mold-free environment, the difference between the rent at the mold-infested rental and the new, habitable rental, and for any mold inspections, testing, and remediation of the rental that were paid for by the tenant before moving out.

You should mail a notice to your landlord via certified mail that there is a mold problem first and foremost and provide proof within the envelope. An analysis and identification of the mold sample you collected using a mold test kit signed by a mold laboratory is a good way to prove that mold exists in the property.

Even better than this is to have a written report signed by a certified mold inspector along with the above mentioned laboratory report. If notice is ignored by your landlord, you can choose to send a second notice stating that due to the failure to have the mold removed from the property, you are withholding your rent.

Lastly, if that is ignored by your landlord, you should send another notice via certified mail that you are vacating the premises and that legal action is going to be taken, especially if you have suffered health complications due to the mold. You shouldn’t need a lawyer to draw up these notices for you, as long as you are clear and to the point that mold exists on the landlord’s property that you are renting and you want it removed and if you are suffering any health complications, these should be stated very clearly and with proof, as well. Most landlords will respond promptly.

Mold and Your Insurance: generally uncovered unless it is the result of something that is covered by the home’s insurance policy

Under most home insurance policies, mold is one of the few things (along with rust, rot, and fungi) that are generally uncovered unless it is the result of something that is covered by the home’s insurance policy, such as flood damage and the water caused by a burst pipe. However, mold that has been caused by leaks, condensation, or flooding (in the case where the homeowner does not have flood insurance) is not covered.

Even though mold has been around for thousands of years and will continue to be for thousands more, the amount of mold claims that have been submitted to insurance companies have increased significantly. Insurers are beginning to insert some language into their policies that is very specific as to what is covered and what is not. Some companies may soon decide to offer to cover damages caused by mold and will raise the price of the policy and others may choose to continue to completely exclude mold from the homeowner’s insurance policy. In order to guard against the failings of your homeowner’s insurance, removing mold and preventing it from returning is essential if you wish to retain the value of your home and your health.

Anyone who owns or rents property should be aware that mold should be cleaned up as soon as it is discovered and that mold cannot grow without a decent access to moisture. Repairing water damage, the cause of excess humidity, and other leaks should be done immediately in order to minimize the amount of mold that will grow in that area of the property. The Center for Disease Control (CDC) recommends that people take measures to safeguard not only their properties, but also their health by making swift work of the mold growing where they live and/or work and taking appropriate measures to make sure it does not return.

Your home should not be completely air tight and a home that is cannot breathe. Homes that air cannot flow freely through are breeding grounds for mold because the air is allowed to become stagnant. You should have vents installed in the bathrooms, laundry room, and kitchen in your home.

Wood and other cellulose-based debris should not be placed in any crawl spaces or against the side of the home because mold eats these and any other organic-based material.

Carpet shouldn’t be installed anywhere in the home where moisture should be a problem such as the bathroom where toilets or bath tubs can overflow or in the laundry room where the washer could leak out into the floor.

Mold and Our Pets: dogs most affected by blasto are larger, male, young dogs, and any breed

Most of us who have pets aren’t really aware that mold is just as dangerous to them as it is to us. In fact, pets, especially young ones and birds, are more susceptible to the affects of mold than human beings are. They are in the category of the first to suffer from the health complications associated with mold and some have even died while living in mold infested homes. Infants, pets, the elderly, and people with weakened immune systems are the most threatened when it comes to most environment-related health risks. One kind of mold in particular is more dangerous to our pets than others are and that is blastomycoses.

Blastomycoses is also a dangerous kind of mold that has been known to cause pneumonia, skin, and other respiratory infections in our pets. Other organs can be infected and it’s no surprise that these symptoms and complications can also occur in human beings. Much like the canaries in mines that were used long ago to detect poisonous gases, pets are often the ones to warn us that there is a problem in our home. While blastomycoses is a natural part of our every day environments, excessive amounts of it can be extremely harmful. It takes the form of a mold in an indoor or outdoor environment, but when it comes into contact with human beings or animals, it becomes a yeast. Once it has taken on the form of yeast, it is no longer contagious. The animal (or human) can only contract blastomycoses by inhaling the mold spores or by allowing them to enter the body through a cut or sore on the skin.

Unfortunately, pneumonia is the most common form of blastomycoses symptoms in pets and can lead to eventual death if it isn’t untreated. Dogs often cough, become tired or lazy in appearance, have trouble breathing, and cease eating. Skin infections often are wet and itchy and can damage muscle and bone structure if something is not done about them.

Blastomycoses can be dealt with using antifungal medications and a full recovery can be made in up to six months, although a blasto infection is often misdiagnosed and by the time it is diagnosed correctly, it is often too late.

The dogs most affected by blasto are larger, male, young dogs, and any breed that spends a lot of time outdoors, even though blastomycoses is a mold that can grow indoors.