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Fire & Water - Cleanup & Restoration

What Are the Reasonable Grounds for a Mold Lawsuit?

12/22/2020 (Permalink)

a lawyer in his office showing a document with the text lawsuit written in it Which lawsuits can be filed as recourse for black mold

What Are the Reasonable Grounds for a Mold Lawsuit?

Owners of multifamily dwellings and commercial buildings have legal responsibilities to residential and commercial tenants. Landlords must provide residents with a safe and habitable place to live and adhere to the terms of a lease contract for a rental property located in Fairless Hills, PA. Property owners, managers and renters should familiarize themselves with the grounds on which lawsuits can be filed as recourse for black mold.

An Unsafe and Uninhabitable Residential Rental
Residential properties are held to habitability standards throughout most of the United States. Here are several structural property management standards that pertain to mold growth:

  • A waterproof building envelope
  • Plumbing with hot and cold running water
  • Working sanitation facilities

If mold is caused by primary damage from any of these sources, the owner is liable. Commercial property insurance will cover the cost of cleaning up these types of property damage. Supplementary coverage is usually necessary for flood, mold or sewer damage.

A Commercial Property With Structural Problems
Structural problems involving plumbing or roof leaks can cause mold and reduce the liveability of a single- or multi-family rental unit or the safety of working out of a commercial location. Property owners and managers should address problems prior to move-in and for the duration of the lease.
Failure To Respond To Reports of Mold
If one or more residential or commercial tenants can present proof that primary damage was reported to a property owner or manager and no action was taken, a case may hold more water. The likelihood of a successful suit increases with black mold or other toxigenic species.
Residential tenants have more legal protection against mold than commercial lessees. Regardless of the type of rental, landlords are responsible for structural problems and consequent mold remediation. Timely remediation of water damage can prevent black mold or other fungus from growing in apartments or commercial units in Fairless Hills, PA.

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