Hey Guys - got a big problem and a few questions for the lawyers and other mold sufferers. Just today I got something put on my front door about Black Mold being found in my apartment complex. It says that they have found 2 confirmed cases in other apartments. One of those was rated 4 on the mold count scale - the highest. This apartment complex was flooded in 1994 (one of the big houston floods in the early 90's). The mold is Stachybotrys sp. Also says that three other residents are leaving because of this. This document (7 pages total) says that residents are supposed to be notified as soon as mold has been detected. They have known about this since Jan 2002. We have still not received anything from them about this. This document is from an anonymous source. My Questions: 1. What should I do? The document lays out how to test for the mold with scotch tape and also says a testing company that they used. 2. Can I break my lease over this? We have been in the apt since Jul 2001 and the lease is up in August 2002. So I don't know if it is worth all the fuss since I am moving out in August anyways. 3. Are they liable for anything if I find mold in my apartment? What if I test and there is mold and they knew of other cases and didn't alert us? Is there monetary compensation for their lack of caution? I haven't gotten very sick or anything, but I often wake up congested and I have been out sick more this year than any other. I also have a young son (21 months) that has shown no ill effects. My wife has been fine also. Any help would be greatly appreciated.
i am currently dealing with a mold issue in my house and I believe is a problem that my be a bit exaggerated but still there are studies that indicate it can be damaging to the health especially if you have a small child.. i assume you the apt you live in had insurance and the insurance should pay for the mold studies yet these studies cost thousands of dollars... i think a home based test isnt going to give you the answers you need and you need to consider your rights as a renter.. if the toilet breaks the complex if liable ... it sounds to me like the complex is going through damage control and trying to cover their asses.. this document ( th eone they gave )is critcal as it will have all the disclaimers etc..the lease also has provisions that outline their liability if for example your unit was burned or your were displaced somehow... email me I am not a lawyer nor a mold expert but after all the stuff I have been dealing with I am becoming one..maybe i can help..
thanks sirhangover. the document wasn't from the apartment, it was from an anonymous person. I will email when I hear from the apts.
I refer out mold cases...but I know enough about them to help you a little. I only took one mold case, and that was very early out of law school and was merely a property damage case. The a/c had gone out in an apartment for over a month in the summer. Client had mold growing on couch, in clothes, kitchen appliances, etc. Was able to recover money for him to take care of the property damage. That's pretty easy to ascertain. What's fuzzier is the whole health issue. Mold has been around FOREVER...but lawyers are just waking up to the money they can make by causing a bigger scare about it than is necessary. At the same time, I've seen people who were actually affected by this stuff...know a guy who got so sick it affected his brain and he went from being a CPA to having to give up on work. Doctors attributed it to the mold he had growing in his house. One concern in the admission of scientific evidence in courts is whether or not the science is speculative...if it's too speculative but we allow some doctor to take the stand and testify about it, that evidence may unduly influence the jury. Courts are split down the middle in Texas on the admissibility of this evidence. One court of appeals says, "no...too speculative." another says, "let the evidence in and let the jury weigh it." To my knowledge, we're not getting a lot of clarity yet from the Texas Supreme Court. I hope you don't have those kinds of major problems...otherwise, I'd probably stick it out until August. You might be able to break your lease, but at what cost??? If the apartment complex wants to fight it out with lawyers, they're in an infinitely better position than you are. Also...be careful about relying too heavily on that flier distributed....you say it isn't from your apt complex?? what if it's from some disgruntled employee or ex-tenant?? I think I would contact the complex and ask them what they know about all this. As for penalties..yes, they're supposed to let you know...but i'm not sure what the penalties are, though I bet they're already pre-determined by the legislature. Keep in mind, you also have a duty to mitigate...you have a duty (probably spelled out in the lease) to let the apartment management know there's mold as soon as you find out. good luck!!! hope everything goes well
Knew a friends who thought he had a problem, he did some research: If you live in Houston, you are going to have mold in your house. The best way to fight the mold is to keep your house cool. The percentage of people who apparently get sick from "toxic" mold is the same percentage of people that get sick and have problems in the entire population. The percentage is only slightly higher in Houston because of the climate. The toxic mold issue arose as a group of lawyers saw a bunch of dollar signs. I find it amazing how fast people are willing to sue someone in this world. If people can get some money, they have no qualms about taking it from someone else or putting someone out of business because of it.
agreed...this litigation craze is killing us in terms of insurance premiums as well. i heard the other day that homeowners' insurance in texas is the most expensive in the country..and they're citing this mold craze as a reason. litigation gone crazy, in my opinion.
thanks MadMax - I was actually going to make the title "I need MadMax's help on a mold question" I haven't contacted the apts, I will though. I just want to cover my end in case someone gets sick. I don't really care for these apartments anyways - they are real morons. I think whoever passed out the flier was trying to drum up business. I will just stick it out there and leave. Supermac - I agree with all the lawsuits, they suck! I don't want to sue anyone. I am getting a house in August and I know how much the damn insurance is already. It sucks.
congrats on your new home, Wink!! i've never been overly impressed by any apartment management...but i do think contacting them first is your best bet.
