Full question:
My 5-year-old child has been suffering from repeated respiratory diseases since we moved to Michigan. On diagnosis, we found that it is due to the mold in our apartment that causes the allergies to act up. Can I hold my landlord responsible and get him to pay for the medical bills??
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: National
Answer:
The landlord has a responsibility to ensure proper living conditions for his tenants, which includes having premises free from any kind of mold contamination. If a tenant discovers any mold in the rented premises, then it is the duty of the landlord to get the mold removed and pay for any such removal. Landlords, who fail to make their property free from mold contamination, can be sued by the tenants.If the tenant or his family suffered from any disease due to mold contamination in a rented apartment, or in a new home, then they may be entitled to receive the following damages:
- Medical expenses incurred on illnesses due to mold contamination. Future expenses can also be claimed as damages.
- Pain, anguish, and suffering.
- Damages for loss of wages as a result of mold illnesses.
- Loss of earning capacity.
- Damages due to loss of companionship, comfort, financial losses etc. in the case of death due to illness caused by mold contamination. Such damages can be recovered by survivors of the deceased.
- Damages for the destruction of property due to mold contamination.
- Punitive damages.
As a tenant, in your case, your child has suffered due to mold contamination in your rented apartment, and therefore, you may sue the landlord for compensation and damage. The first thing that you need to do is to provide evidence of mold contamination. A report from a home inspector, which affirms the presence of mold in your home, can be sufficient proof of mold contamination. You also need to get the air quality tested to determine if there are elevated and harmful levels of mold spores in your rented premises.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
