Raleigh Toxic Mold Lawyer
Hazardous conditions due to the presence of toxic mold are a common factor in airborne illnesses in Raleigh. As a result, landowners have an obligation to keep their property free from this hazard. Landlords who refuse to do so violate the rights of their tenants and may face civil liability for any resulting damage.
A Raleigh toxic mold lawyer could help you if the presence of mold in your rented home has resulted in health problems. Claims in these cases can demand payments for any resulting medical bills, lost income, mental anguish, and even lost property. However, proving landlord negligence in these cases can be complicated. An experienced premises liability attorney could help gather vital evidence, use that evidence to prove negligence, and represent your interests every step of the way.
Obligations of Landlords to Fix Toxic Mold
All landlords in Raleigh have an obligation under state law to maintain their land in such a way as to keep it fit for habitation. As applied to mold, property owners must immediately repair any condition that has actually contributed to mold growth or is likely to cause said growth.
According to North Carolina Statute §42-42, landlords have an absolute duty to fix any water leaks or drainage issues that are likely to contribute to the growth of mold. Landlords who fail to do this may be considered negligent and could be held liable. Reach out to a toxic mold attorney in Raleigh to learn how a lawyer could help establish liability in such a case.
Legal Options for Tenants in Raleigh
Since all rented units come with an implied warranty of habitability, it does not matter if a lease states that a landlord is responsible for maintenance of the land. All landlords must maintain their land in a habitable condition. Tenants who believe that their landlords have failed in this duty have a few options.
First, a tenant may withhold rent on the belief that the land is uninhabitable. Severe mold is certainly a health risk that qualifies under this definition. As long as a tenant informs the landlord about the mold, preferably in writing, they may stop paying rent until the landlord fixes the problem.
Second, a tenant may pay for the fix on their own. They then have the right to deduct the cost of this fix from their rent payments. When choosing this option, it is important to all receipts and correspondence between the tenant and the landlord.
In any event, a tenant who suffers damages due to mold may sue their landlord for compensation. This can include payments for any property damage such as ruined clothing, the costs of any medical treatment needed for mold-related illnesses, and even lost income if an illness forces a tenant to miss time at work. A Raleigh toxic mold lawyer could help a tenant understand their legal options when facing a mold problem and to pursue the path that best fits their needs.
A Raleigh Toxic Mold Attorney Could Help
Exposure to toxic mold is a serious matter that may have long-term health consequences. It is a legal requirement that every landlord provide a living space that is free from mold. A property owner who knows about a mold problem and does not take adequate steps to address it accepts legal liability. People who are injured due to the presence of mold have the right to demand compensation, withhold rent, and even to terminate a lease.
A Raleigh toxic mold lawyer could help you when mold has made your continued living in a rented space intolerable. They could work to gather evidence of the infestation, to use that evidence to choose a beneficial legal path and to pursue that path in housing court, civil court, and settlement talks. Contact a lawyer today to learn more.