Most are harmless to humans and can grow anywhere so long as there is oxygen, organic material, and moisture. It feeds on dead organic matter, including animals and plants. Mold contamination in homes, offices, and other indoor environments have been on the rise over the past 20 years. 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. This article discusses condo owner rights when condo is damaged by mold and water intrusion. 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. If it is not removed, the Tenant can withhold rent. 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.. Breaking a lease due to mold in Florida? It needs to state that they have 7 Days to remove it. 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 […] It spreads easily, so mold on a closet wall could spread and end up damaging clothing or other items stored in the closet. Just like an animal or plant, it breathes, consumes, and requires water to survive. 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. We represent clients in the following cities of Fort Lauderdale, Pompano Beach, Coral Springs, Davie, Plantation, Weston, Miramar, Sunrise, Coconut Creek, Dania Beach, Lauderhill, Margate, Parkland, Deerfield Beach, Oakland Park, Hallandale, Pembroke Park, Pembroke Pines, Hollywood, Cooper City, Tamarac, Wilton Manors, Lauderdale Lakes, North Lauderdale, Lighthouse Point, Southwest Ranches, Hillsboro Beach, West Park and Pembroke Park. … Withhold rent – Florida landlord tenant law allows tenant to withhold rent after giving the landlord seven days’ notice to fix the issue. Florida has put together an extensive set of landlord-tenant laws to help bring order to the millions of renters and property owners in the state. 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. The permit is $5.00 for a single family home, $15.00 for an apartment unit, and it is valid for one (1) year from purchase. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney. What Laws Protect Florida Residents from Mold? 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. However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Official Florida Mold Laws for Renters. Therefore, if you are faced with this issue, call the Law Office of Brian P. Kowal, PA at (954) 990-7552. Official Florida Mold Laws for Renters Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. Routine inspections can help you identify mold problems early before they become serious and costly. Most varieties of mold and mildew do not pose a risk to your health. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. When you search for a rental house or apartment, you generally look for a place that's affordable, in decent shape, close to work, and suitable to your personal needs. The State of Florida does not have specific mold laws that protect residents from mold exposure. (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. SPECIAL NOTE: If you have questions about licensure of mold assessors or mold remediators in Florida, please review this Florida law.The Florida Department of Business and Professional Regulation is responsible for licensing mold assessors and remediators. Sometimes disputes occur when landlords don’t want to pay. Mold isn’t specific to residential apartment buildings, duplexes, condos, or single-family homes. 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. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? In addition, there are no laws that specifically address the landlord’s responsibilities regarding mold prevention and remediation. Because of this, dark, damp places are their favorite places to proliferate. Unlike plants, mold doesn’t need sunlight to grow, at least not directly. The Mold Lawyers at Militzok & Associates offer a FREE consultation to discuss the unique facts of your mold claim with our experienced attorneys. First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. If you fail to fix a mold problem in your Florida rental property, the law provides your tenants with two options. 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? A fully licensed mold remediation contractor will take all necessary measures to ensure that the mold is contained to a certain area by sealing off the contaminated areas. 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. "I moved the blinds in the kitchen and that's when I saw the mold… However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Landlord Responsibility For Mold We frequently receive emails from tenants asking about the landlord responsibility for mold in an apartment or rental house. Mold in Apartment & Tenant Rights. Mold (also called mildew) is sneaky and is often difficult to spot. That said, tenants can still try to recover damages from their landlords in court if they have been affected by the high concentration of mold in the units. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. Toxic mold cases may include claims against contractors and suppliers for construction defects and faulty construction materials. Please note that you need to disclose any mold issues to prospective tenants if you decide to list the property for sale. For tenants, s. 83.51, Florida Statutes, requires that the landlord “[c]omply with the requirements of applicable building, housing, and health codes” and if the premises is located in an area that doesn’t have local building, housing or health codes, then the landlord is required to “maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition.”  Although, the statute does not specifically mention “mold”, many local code inspectors will issue a citation against a landlord for failure to meet minimum housing standards where mold is present. Does a Tenant Have to Pay the Lease Early Termination Fee if the Apartment or Home has Mold? Check to see whether your homeowner’s insurance policy covers this. Florida’s Landlord / Tenant Law Brochure (PDF) Summary of Landlord Tenant Law – Department of Agriculture and Consumer Services In Florida, there are mold laws in place in case of any problems. 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. During routine inspections, check for any leaks or water damage beneath cabinets and around all water fixtures. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. LANDLORD VS. TENANT – What Are The Rules Regarding Mold Responsibility In Rental Properties? Florida has two basic sets of laws relating to the presence of mold in a Florida dwelling. It’s important to keep the humidity levels below 60%. Mold Exposure Case Against Waypoint Homes Featured on ABC World News Tonight. Unfortunately in Florida, the mold protection laws are relatively weak. Sometimes, renters or homeowner’s insurance policies will cover mold-related damages. Florida’s law requires a landlord to give notice in most situations before the landlord can enter the apartment. by markham | Nov 30, 2018 | Uncategorized |. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after … Identifying toxic mold is not easy as there are many types of mold and not all are toxic. 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 … The Mold Lawyers win Injunction Against Condo Association. 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. 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