I notified my landlord that there is mold in the hvac vents in October. I fell sick in August 2018. February I paid a certified mold inspector. He gave me a 35 page report that there is in fact mycotoxin mold in the vents. I now have to get a surgery for fungal sinusitis and I have incurred over $20k I’m medical bills. My kids and I have been very sick. Rent was held back from her not fixing various things throughout the house. She told me just 5 days ago that I need to get out NOW. I packed up my kids and I as quickly as I could even though I’m still very sick and we moved out 5 days later.
It upsets me when I see a landlord ignoring the basic health and safety laws they have to follow. This is another example! The answer to your question about whether a tenant can sue the landlord for toxic exposures causing health damages is "Yes", but it is of course more complicated than that. A landlord has health and safety requirements, and a tenant has rights to have those requirements met by the landlord. The requirements are in the Texas Property Code. If the landlord does not meet those requirements, the tenant can bring a case against the landlord. However, the Property Code has very strict notice and other provisions that must be met for a tenant to bring the claim. The requirements are detailed, complex, and I rarely see them being followed correctly because it is often difficult for a non-lawyer (and some lawyers) to understand what needs to be done. Maybe more importantly though, you may be able to bring a lawsuit based in Premises Liability, Negligence, or other "common law" claims. It is in a case brought with those claims that, if proven, a court could make a very significant damage award. This may be a situation of a "latent" defect resulting in the mold. It may be a situation where the landlord knew of the "defect" which allowed the mold to grow but did nothing to fix the problem or warn about the problem (or worse, hide the problem), or many other possibilities. However, this area of law is complex, very factually dependent, and cases rarely "slam dunks". You should contact a Texas attorney with experience with Landlord / Tenant issues, Premises Liability issues, Negligence cases, and Mold Exposure cases.
This answer to your question is not offered as legal advice and does not establish and attorney / client relationship among the person asking the question and myself, nor among any other person who reads the question and answer.
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