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While preparing to move I found that the wall behind my bed is covered in mold.

Oakland, CA |

I have lived in my apt. for over 5 years and about a year ago I started having minor breathing issue and allergy symptoms, I just thought it was due to weather so I just purchased allergy pills and kept going but in the last 6 to 8 months I have started experiencing a tightening in my chest, wheezing and a crackling sound while in the apt. It would disappear about an hour after leaving my home, I have also been having some memory loss; not remebering what i wore the day before or where i put the remote 10 minutes after putting it down, body rashes and a few other issues.
Went to the doctor for a blood test and a few other test and they came back + for mold exposure. Can I sue for this?

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Attorney answers 4

Posted

I have re-tagged this so appropriate counsel can weigh in on the larger question of a personal injury suit.

As to a landlord/tenant issue, it sounds like you have the basics of a habitability suit wherein you could ask for a return of the rent paid for the period of time mold was an issue.

Asker

Posted

Thank you.

Erin Patricia Farley

Erin Patricia Farley

Posted

You are very welcome.

Posted

Yes you can. However it sounds like the actual damages may be too low to warrant attorney involvement? You should consult a personal injury attorney. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

You can sue. A large part of whether you will be successful is if anything you did or did not do was the cause of the mold. If not, and you can demonstrate significant damages arising from the mold you may have a solid case. Did you report it to the owners? Consult with an attorney for a consultation. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Asker

Posted

I also had a mold issue in my bathroom and I did report that to the landlord and they came in and recaulked around the tub and the floor, I didn't know about the mold behind my bed till last month..when I discovered it I moved out of the room and researched symptoms of exposure. I have never had breathing issue until 6 months ago, I've been experiencing nausea for about 4 months and memory loss, which I just chalked up to age but once I read the symptoms it all made sense...when I moved into the apt. Someone had wrote "poison" on my bathroom door that was painted over. I wonder if that was a warning. I have also had 4 water leaked in ceiling of bthrm and kitchen from upstairs neighbor and behind walls from upstairs water heater.

Posted

To be successful in a personal injury action related to mold exposure you generally need to show 1) the specific type of mold that is in your apartment, 2) that you have an allergy to that specific type of mold and 3) damages.

You should also be aware that most insurance policies that landlords purchase have mold exclusions.

I would suggest contacting an attorney and consider bringing a claim for breach of the warranty of habitability- this can cover contract damages (overpaid rent) and personal injuries (mold exposure).

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