This article answers frequently asked questions about your rights as a tenant when you are renting an apartment or home with mold in Texas. It needs to state that they have 7 Days to remove it. It is not intended for the purpose of providing legal advice. If you are renting from a landlord and your premises are covered with toxic mold, you have some important rights under Florida law. Florida Mold Law, Effective: July 1, 2010, Florida Mold Licensing Law Requires Mold Assessors (Inspectors) and Mold Remediators to be licensed by the Florida Department of Business and Professional Regulation. This means that landlords must use licensed mold remediation contractors that are fully licensed, bonded and insured. As a Condo Attorney that represents individual Condo Owners in Miami, Fort Lauderdale, West Palm Beach, Naples and many cities throughout Florida, the question I get asked the most is: Who is responsible for mold contamination and water damage in my condominium? First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. News Tenant Exposed to Toxic Mold Gets $250,000 Settlement A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold … Encourage your tenants to get into the habit of opening the windows or using fans after they shower. Florida’s Tenant Protection Law First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. The landlord must give a reasonable notice Remember, not all mold types are dangerous. The Mold Lawyers at Militzok & Associates offer a FREE consultation to discuss the unique facts of your mold claim with our experienced attorneys. In comparison, states such as California and Texas have strong regulations regarding mold exposure. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems—such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma—allegedly caused by exposure to "toxic molds" in their building.. You could even consider making it a qualification before they can sign the lease. Deal with any mold growth as soon as you find it to prevent further growth and possible health complications. Take, for example, one case of an investigation done by a local news channel. Specific landlord and tenant responsibilities, including apartment maintenance and pest control, are listed in the lease and governed by Florida law (Chapter 83, Part II, Florida Statutes). Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? Civil litigation arises often and you should be ready. In recent years, mold has become a known issue. Among other things, that means ensuring your property adheres to Florida’s landlord-tenant laws regarding mold. Air conditioners enable mold to grow through the internal condensation of water, and they also blow the mold spores around and into your living spaces. Official Florida Mold Laws for Renters Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. Rental laws often site that an apartment should be “habitable and in reasonable repair.”Merriam-Webster’s Dictionary of Law defines habitable as: suitable and fit for a person to live in: free of defects that endanger the health and safety of occupants. Therefore, if you are faced with this issue, call the Law Office of Brian P. Kowal, PA at (954) 990-7552. Mold (also called mildew) is sneaky and is often difficult to spot. any person supervising or conducting mold testing), maintain a specialty license with the Florida Department of Business and Professional Regulation (DBPR). Landlords have the obligation to provide tenants with a safe, habitable environment — … It will depend on the specific coverage your … Whether you are a tenant or a condominium owner, the only way to protect your rights under Florida law is to ensure you provide written notice to the landlord or condominium association and make sure you can prove that the letter was received. These specific set of Florida mold laws deals with how landlords and tenants work through issues pertaining to mold infestations and mold removal when mold is discovered on a leased property. To make repairs, the landlord must give at least 12 hours notice and for all other situations, the law simply says the landlord’s notice must be “reasonable.” The State of Florida does not have specific mold laws that protect residents from mold exposure. Indeed, it has caused problems in all types of structures, from schools and ferry terminals to office parks and even hospitals. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after … Mold in Apartment & Tenant Rights. Mold is a common type of fungus that thrives in moist, warm conditions. Just like any other damage beyond ordinary wear and tear, you must notify your tenant of the mold damage costs within thirty days after they move out. 5) Install HEPA filters in your HVAC duct registers, the return air registers, and the fresh air supply intake to capture and remove any airborne mold spores from the airflow. Make sure you that you include these in your annual property inspection checklist: mold growth, moisture damage, and leak inspections. If you suspect there is mold … It feeds on dead organic matter, including animals and plants. In Florida, the “implied warranty of habitability” requires landlords to provide habitable living conditions. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. It likes to hide in your kitchen, bathroom, A/C ductwork, shoes and other dark and damp places. Tenant Self-Help Strategies in Florida. If it is not removed, the Tenant can withhold rent. Florida has two basic sets of laws relating to the presence of mold in a Florida dwelling. Phone Representatives Available: 24/7, Copyright 2016-2020 Militzok & Associates, P.A. *Note: This page contains materials in the Portable Document Format (PDF). However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Mold spores are always going to be present. Therefore, if a landlord or condominium has brought in outside contractors into the dwelling to either inspect or remediate mold, they are required to carry a specialty license and an insurance policy with a minimum of one million dollars of liability coverage. Mold thrives in damp places. Landlord Responsibility For Mold We frequently receive emails from tenants asking about the landlord responsibility for mold in an apartment or rental house. This article discusses condo owner rights when condo is damaged by mold and water intrusion. Unlike plants, mold doesn’t need sunlight to grow, at least not directly. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. Florida state law requires that your landlord provide 12 hours notice unless otherwise agreed upon (83.53(2)). Indoor Mold and Your Health. … While lead paint disclosures are required, there are no regulations or statutes that require a similar disclosure when it comes to mold contamination. In the presence of moisture, they can grow rather quickly. A mold attorney in Orlando Florida, and a mold attorney in Florida can tell you that breaking a lease due to black mold in Florida may result in a small claims lawsuit or perhaps in a more significant lawsuit for damages over $8,000. Withhold rent – Florida landlord tenant law allows tenant to withhold rent after giving the landlord seven days’ notice to fix the issue. It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair. Florida’s law requires a landlord to give notice in most situations before the landlord can enter the apartment. Plus, humid areas like here in Florida have yet another common but potentially dangerous, indoor air toxin to be aware of: mold. Remember, not all mold types are dangerous. Mold and the Landlord's Duty to Maintain Habitable Premises Even if your state or city doesn't have specific mold laws, your landlord could still be liable for a mold problem in your rental, as a result of landlords’ responsibility to. However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Encourage your tenant to place a maintenance request immediately when they spot any mold growth. Read on for some tips to help you with this. While mold is typically associated with buildings in humid, musty, damp conditions, no rental property is safe from mold contamination. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. Mold and its associated health risks are a concern for renters everywhere. Mold must be remediated in accordance with Florida law. If the association is allowing mold to grow on the walls or ceilings, Chapter 718, Florida Statutes provides remedies to the condo owner which may require  the association to remediate the mold. It often grows quickly in areas with humidity problems and poor ventilation such as attics and basements. During routine inspections, check for any leaks or water damage beneath cabinets and around all water fixtures. If you own a rental property, you should take mold seriously. Your rights are governed in part by the Florida Residential Landlord and Tenant Act. Apartment Mold If you’re dealing with apartment mold, you may be wondering how to best deal with it and what your options are. Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. Mold can literally be a dirty word in multifamily buildings. (d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. Discuss the situation with your landlord and ask if it’s possible to be relocated until the mold issue is resolved. Toxic mold cases may include claims against contractors and suppliers for construction defects and faulty construction materials. Mold is a type of microscopic fungi that thrives in moist conditions and grows on any organic material including wood, paper and fibers. In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. In addition, there are no laws that specifically address the landlord’s responsibilities regarding mold prevention and remediation. Designed by WebHaus | © All Rights Reserved Markham Services, Nervous system problems (headaches, moodiness, memory loss), Serious swelling of legs, ankles, and feet, Persistent cold-like or flu-like symptoms. Before a landlord can enter a tenant’s apartment, Florida lease laws require that they give notice in most situations. Using fans or opening the windows helps remove dampness that could easily attach itself to the ceilings and walls and provide a breeding ground for mold growth. First, one must identify the source of the water intrusion that caused the damage and ultimately led to the mold growth. Mold is also linked to asthma and other respiratory problems. https://www.themold.lawyer/wp-content/uploads/2016/07/Mold-Mystery-1.mp4. However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. Under Florida landlord-tenant laws, mold resulting from a tenant’s carelessness qualifies as excessive property damage. Official Florida Mold Laws for Renters. The first option is known as “repair and deduct.” With this option, tenants can take care of the mold cleanup themselves and then deduct the costs from the rent amount. If the court finds that the mold damage was a result of the landlord’s negligence, you could face heavy penalties. This can be done with a dehumidifier or an air conditioner. Some local housing codes will refer to mold as causing a premises to fail to meet minimum housing standards, however, these local codes differ from city to city and county to county. A Florida tenant has the right to quiet enjoyment in their home. However, there are current guidelines on published literature that can be used to assist an individual that is experiencing mold problems in their property. Even with a signed lease, the Laws “prevail over what the Is Your Condominium Association Responsible for Damage from a Sewage Backup? For Condominium Units, the condominium association is required to maintain the “common elements” of the association, which typically includes the walls and ceilings of the units (not including the paint or wall coverings). Second, Chapter 468, Florida Statutes requires that all persons conducting “mold assessments” (i.e. In addition, all persons conducting “mold remediation” (which includes persons performing removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet) must maintain a speciality license with DBPR for mold remediation. We also represent clients in Miami-Dade county in the following cities: Miami, Miami Beach, Hialeah, Homestead, Coral Gables, Doral, North Miami, Aventura, North Miami Beach, Aventura, North Miami Beach, South Miami, Miami Gardens, Key Biscayne, Sunny Isles Beach, Pinecrest, Miami Lakes, Opa Locka, Cutler Bay, Sweetwater, Palmetto Bay, Miami Springs, Miami Shores, Florida City, Surfside, Bay Harbor Islands, North Bay Village. The spores are found in the air we breathe, but extensive mold contamination may cause health problems. This means that you will be able to deduct the cleaning costs from their security deposit when they move out. If your apartment or other leased property becomes infested with mold in Florida, it's important to understand your rights as a tenant as well as any applicable landlord liability. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 In Florida, there’s a particularly common issue that causes legal disputes between landlords and tenants year after year, particularly when the weather heats up. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. Your tenants may begin experiencing these symptoms: There are seemingly endless species of mold, but the following are the most common types found within a home. Additionally, encourage your tenants to get renters insurance. What Laws Protect Florida Residents from Mold? (g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company. Routine inspections can help you identify mold problems early before they become serious and costly. Jonathan Jacobs is a mold attorney in Florida, mold attorney in Orlando Florida that can let you know about breaking a lease due to black mold in Florida. Currently, there are no EPA regulations or standards for airborne mold contaminants.For more information on mold, see our website at www.epa. The last thing any landlord wants to hear is, “Hey, I think there’s black mold in my apartment…” However, the reality is it happens — especially in a state as humid and muggy as Florida. For more information, contact your local code compliance department and ask about their “minimum housing standards”. The last thing any landlord wants to hear is, “Hey, I think there’s black mold in my apartment…” However, the reality is it happens — especially in a state as humid and muggy as Florida. Landlords have the obligation to provide tenants with a safe, habitable environment — … Plus, humid areas like here in Florida have yet another common but potentially dangerous, indoor air toxin to be aware of: mold. Sometimes, renters or homeowner’s insurance policies will cover mold-related damages. The last thing any Florida landlord wants to hear from their tenant is, “Listen, I think there is black mold in my apartment,” because preventing and removing mold is costly, complicated, and dangerous. Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney. by markham | Nov 30, 2018 | Uncategorized |. To minimize the effects of mold, you need to be proactive. We are now accepting cases throughout the State of Florida in cities such as Tampa / St. Petersburg, Clearwater, Orlando, and Naples / Ft. Myers areas. So, not only can the cleanup costs and repair bills become expensive, but you could also face lawsuits from your tenants. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. You and your landlord are both required to take certain action to prevent mold growth and remedy the causes of mold growth. Send out your notice as early as possible. If they don’t, then you must send them the remaining security deposit within thirty days after sending the first notice. Without prompt water damage restoration, mold growth starts in as fast as 48 hours. Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. It is important that they do not prevent them from coming to the property to inspect for the mold. Mold prospers in warm, damp places, and is an environmental hazard. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. If you fail to fix a mold problem in your Florida rental property, the law provides your tenants with two options. Florida Landlord Tenant Law. Basically, the Florida Mold laws are usually interpreted as either the landlord has to properly remove the toxic mold as to bring the rental unit back into a safe and habitable dwelling, or the tenant can have it completed by professionals and the landlord foots the bill. The Mold Lawyers win Injunction Against Condo Association. Though no one wants to hear that their rental home has mold polluting the air their tenants breathe, it is & Laws of Florida Florida Statutes Search Statutes Search Tips Florida Constitution Laws of Florida Legislative & Executive Branch Lobbyists Information Center Joint Legislative Committees & Other Entities Joint Administrative If the tenant objects to the damage, then you may try the legal recourse. Mold can cause serious illnesses, and should be … The home was also flooded and had serious mold contamination. Reportedly, the city responded by fining the landlord a whopping $15,000 daily for violating 31 health and safety codes. (f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company. According to the...Read the rest of this entry Once they find mold in their apartment, they need to send notice to their Landlord. Home / State Information / Florida / Rental Help / Local Tenant Rights, Laws, and Protections: Florida Local Tenant Rights, Laws, and Protections: Florida Know your responsibilities as a tenant. Just like an animal or plant, it breathes, consumes, and requires water to survive. But The laws around mold vary from state to state, so if you feel your apartment is uninhabitable due to mold, be sure to check your state laws or ask a lawyer for advice. Most varieties of mold and mildew do not pose a risk to your health. Whether a huge rainstorm floods your rental property or a bucket of water spills on the carpet, the key to preventing mold problems is by cleaning and drying these areas quickly. Do not wait for the landlord or condo to take action. If the presence of mold affects the livability of the apartment and the health and safety of the tenants, the landlord is in violation of this warranty and the tenant should move out. When mold plagues a rental property, the fallout can fan out to affect not just the current tenants but landlords, neighbors, and future residents who may […] Because of this, dark, damp places are their favorite places to proliferate. Mold is not only toxic to your renters, but it can also be destructive to your property. If you are Tenant that has discovered mold, it is important that that follow Florida Statute. Sometimes disputes occur when landlords don’t want to pay. It’s become the topic of closed schools, lawsuits, and the impetus for the growth of a “new” industry, mold testing and remediation. We can tell you a bit about landlord liability for mold in rental housing, but it’s important to understand that the laws vary from place to place and laws also change over time. Continue to rent apartments despite the presence of moisture, they usually want the landlord ’ landlord-tenant. Ask if it is important that that follow Florida Statute you and your premises are covered with toxic is. Discuss the situation with your landlord and ask about their “ minimum housing standards ” to withhold rent case. Mold ( also called mildew ) is sneaky and is often difficult to spot PARK... Reportedly, the Tenant can withhold rent minimum housing standards ” objects to the damage and ultimately led to damage! Called mildew ) is sneaky and is often difficult to spot, check any. Send an e-mail to info @ themold.lawyer but mold is a common type of that. 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