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Are You a Tenant That Has Been Injured by Toxic Mold in Florida? Your Landlord Could Be Responsible.

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2 min read

Introduction 

In the State of Florida, landlords have multiple duties toward their tenants. First, a landlord grants a right of habitability of the property in which the tenant is renting when they hand over the keys to the apartment or home. Under Florida law, §83.51 Governs what the landlord is responsible for, “[the landlord] comply with the requirements of applicable building, housing, and health codes.” If there are no local building 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[1].” This means that the landlord is responsible for the necessities that keep the structure wind and watertight, along with repairs for the habitability of the apartment that is being leased[2].

Toxic Black Mold Assessment 

If you have spotted toxic black mold in your apartment or rental home, the next step that must be taken is getting a mold assessment done by a licensed professional. The mold assessor will come out to your apartment or home and take samples from the black mold to see what type that it is and whether it is toxic to humans. If the mold report comes back that the type of black mold in your apartment is indeed toxic, then the next step is to notify the apartment complex or your landlord to see if they are willing to take remedial steps. The type of notification must be very specified and must be in writing. Writing does include any form of email or a handwritten letter to the apartment complex or landlord for remedial measures. At this point, the tenant would have satisfied all necessary steps to preserve their rights under Florida law. Remedial steps typically include a treatment of the area, and or a replacement of the damaged portion of the apartment or home so that is fully restored and will not hurt or harm the tenant inside. 

Injury Criteria

There are many different types of injuries associated with toxic black mold. If you have experienced any of these injuries while living under the type of conditions with black mold, please call us at the Orlando Accident Attorney. These injuries include but are not limited to: Chronic fatigue; fever; serious swelling in the torso, stomach, legs, or ankles; prolonged muscle cramps; nervous system problems; heart palpitations; tremors; persistent cold or flu symptoms; shortness of breath; skin irritation; and clogged throat.

Orlando Accident Attorney

Here at the Orlando Accident Attorney, we offer a free consultation for any form of toxic black mold exposure that could have harmed a plaintiff. If you or a loved one have been injured by toxic black mold, please call us at 407-706-3909.

Date: June 3, 2022

Author: Brandon Salter, Esq.


[1] https://m.flsenate.gov/Statutes/83.51

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.51.html