Legal Question in Real Estate Law in California
Mold/House/Tenant
My landlords are painting over my mold problem in bathroom, caused from leaky roof they
failed to repair for years. Water leaked into rafters, down through the walls, and finally into
floor joists below. Bathtub sits over finished basement & the ceiling there is sagging. Mold is growing over fireplace in living room. Have pictures and video. Local code enforcement told me
they know landlords, ''Do you really want to file this complaint....?'' These landlords own many
apartment buildings, some of which are HUD assisted living. I want to--name removed--for exemplary/punitive damages, liability,negligence,nuisiance,breach of warranty. I don't know if
my son and I are suffering from problems caused by their negligence. I am furious that anyone
would paint over this mold (big & black -it has eaten away sections of the wallboard). Do attorneys take this type of case on contigency? Do statute of limitations apply? Thank you.
2 Answers from Attorneys
Re: Mold/House/Tenant
Some Attorneys including our law firm takes cases with regard to mold on a contingency. Generally the trend in insurance policies is to exclude mold. Please fax me all of your documentation including proof of the cause of illness to me at 714 363 0229 and I will provide you with free consultation.
Re: Mold/House/Tenant
Yes, there are attorneys who will take this type of case on contingency, but you do not state that you have any damages, i.e., any illness which has been determined to have been as a result of the mold; unless you have been affected by the mold, you do not have damages. And yes, statutes of limitations can apply, and a central question in your case is why, if the problem has been present for years, did you not move? Tenants have an obligation to take steps to protect themselves, as well as to make sure that they did not cause or contribute to the water damage which created the mold, and that they promptly notified the landlord once such a condition became apparent, and you will need to establish that you have met these obligations.
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