When and How to Sue Your Landlord Over Black Mold

9/9/2020 (Permalink)

When and How to Sue Your Landlord Over Black Mold

If your office in Dekalb, GA, becomes infested with black mold, the fungus needs to be removed. Mold cleanup is costly, particularly if it infests your pipes or necessitates wall replacements. In such instances, it may make sense to recoup damages by suing your landlord.

Debt Quantification
Deciding whether to pursue a small claims lawsuit first involves tallying losses. Liabilities associated with mold cleanup include the following:

• Lost income resulting from temporarily shutting down.
  
• Cost of rehabilitating property that must be repaired.
  
• Value of replacing ruined equipment. Renters’ insurance sometimes covers this but might exclude mold.
  
• The incalculable emotional burden endured by you and your staff.
  
  

Call your landlord to discuss the matter. Should that fail, mail a demand letter. Make certain the document is delivered by return receipt so you can prove your good-faith effort to resolve the conflict. Only after your landlord does not respond may you begin taking remedial action.

Qualifying Litigation and Evidence Collection
Different jurisdictions place varying limits on small claims, generally ranging between $3,000 and $10,000. Contact an attorney who specializes in suing over black mold if you believe your expenses fall within the qualifying range. Note that not all states allow attorneys to accompany litigants during small claims.
Once you and your lawyer have determined your case’s viability, prepare the evidence. A high-quality test kit, available over the counter, can provide documentation that mold exists. Take multi-angle pictures of all affected areas and catalog every receipt generated while dealing with the fallout. A professional mold remediation company can conveniently give you a detailed accounting of necessary repairs. You will also want infrastructure such as plumbing and venting inspected to check that no health code violations have been triggered. Keep all information in a clasped folder to prevent materials from getting lost. Now, simply present your case in court for a judge to decide.
Black mold clean up is always expensive. If you determine your landlord has caused your situation, do your due diligence by collecting evidence and hiring a qualified attorney who can assist in getting what you deserve.