Can You Sue Your Landlord for Mold?

Experts agree that there is no safe level of mold that humans can live with, so if you are a tenant with a mold infestation in your rental you will want to address the issue at once. However, if you have reported the problem to your landlord and nothing has been done, you may start to wonder: Can you sue your landlord for mold?

The answer is that in some cases you may be able to sue your landlord or even other liable parties. However, every case is different. To find out what your legal options are, it is best to consult with a toxic mold injury attorney. If you live in South Florida or Colorado, reach out to Flaxman Law Group for a confidential consultation.

Understanding Your Legal Rights as a Tenant

If mold develops in your rental unit, Florida and Colorado law recognizes your right to demand proper living conditions. Your landlord cannot simply ignore the problem or threaten eviction when you raise concerns.

Tenants frequently reach out to us after finding themselves in difficult situations: children getting sick in apartments, water leaks ignored in rentals, or mold hidden behind freshly painted walls. In these situations, the tenant feels trapped between health concerns and fear of losing housing.

Under both Florida and Colorado landlord-tenant laws, you are entitled to:

• A habitable, safe, and sanitary living space.
• Proper repairs within a reasonable timeframe after notice.
• Protection against retaliation for reporting issues.

When landlords fail and you suffer illness or losses, you may also have the right to recover damages through a legal claim.

When Mold Becomes a Legal Issue

Mold is common, but not every mold problem becomes a lawsuit. The difference comes down to impact and response. Mold becomes a legal issue when:

• Health is affected. Tenants who develop respiratory issues, persistent headaches, or worsening asthma may be able to file a legal claim to seek compensation.
• Landlord neglect is clear. If repeated requests for repairs go unanswered or quick fixes fail, you may have a claim.
• The property becomes uninhabitable. If mold spreads throughout the walls and the property is no longer safe, you may have remedies.
• You face losses. If the mold issue causes you to lose work, causes property damage, or leads to medical bills or other costs, you may be able to seek recovery.

We often hear from clients who tried to “make do” for months, cleaning with store-bought solutions or buying air purifiers. Unfortunately, these efforts usually don’t solve the root problem, which can include structural leaks or HVAC failures. At that point, the situation has crossed into legal territory, and pursuing a claim may be the only way to get meaningful relief.

Landlord Obligations Under State Law

Florida and Colorado law requires landlords to maintain rental properties in good repair and ensure they meet health and safety codes. This responsibility includes keeping plumbing, roofs, windows, and air conditioning units in working order. This is important, because when these systems are ignored, it can often lead to mold.

Landlords can’t shift this duty by saying tenants are responsible for “regular cleaning.” Mold resulting from water intrusion or poor maintenance is almost always the landlord’s responsibility, though landlords may try to deny this responsibility, which can lead to landlord-tenant disputes.

Proving Your Landlord Knew About a Mold Problem

Landlords often claim, “I didn’t know,” or argue that tenants never reported the problem. That’s why proof of notice matters. Examples of evidence that can help:

• Emails or texts to the landlord or property manager about leaks, odors, or stains.
• Maintenance requests submitted through online portals (common in large apartment complexes).
• Photos or videos showing progression of damage.
• Witness statements from neighbors who reported similar problems.

In some cases, landlords even attempt quick cover-ups, such as painting over stains before a tenant moves in. If you’ve discovered mold after such a repair, that can also be evidence they knew about the issue.

Our team has decades of experience gathering these details and presenting them in ways that hold up against tough insurance defense arguments. We know how to connect the dots between what you reported, what the landlord failed to do, and the harm you suffered.

Evidence Needed for a Mold-Related Lawsuit

A successful mold claim depends on building a strong evidence file. The more documentation you have, the harder it is for landlords or insurers to dismiss your case. Helpful forms of evidence include:

• Medical records showing your symptoms began or worsened after exposure.
• Environmental testing from a licensed professional documenting spore levels and the extent of the infestation.
• Photographs of visible mold, water damage, or leaks.
• Repair invoices or lack of repairs showing landlord delays.
• Housing code violations from county or city inspectors.

Sometimes, evidence even comes from unexpected places. For example, a plumber’s invoice might reveal that a leak was reported and “temporarily patched” instead of repaired, supporting your claim that the landlord cut corners.

At Flaxman Law Group, we help secure and organize evidence into a compelling timeline. Our background in insurance defense gives us unique insight into what documentation will hold the most weight in negotiations or court.

Types of Damages You Can Recover in a Mold Case

If your mold case is successful, compensation can cover the costs you may have had to pay. Damages may include:

• Medical costs.
• Lost wages if illness forced you to miss work.
• Property damage, including replacement of furniture, clothing, or electronics ruined by mold.
• Relocation expenses, which can include hotel stays, storage, moving costs, or increased rent if you had to leave.
• Pain and suffering.

In some cases, especially where landlords acted with clear disregard for safety, courts may award additional damages to hold them accountable. If a household member passed away due to a lung infection or other serious condition related to the mold, immediate family may also have a wrongful death claim. If that’s the case, families can seek compensation for loss of companionship and support, burial and funeral costs, pain and suffering, and other expenses.

Health Risks That Strengthen a Mold Claim

Toxic mold, which includes black mold, can be a serious health hazard. If you’ve been dealing with persistent coughing, headaches, skin irritation, or asthma flare-ups, mold exposure may be the culprit.

Certain conditions tend to strengthen a mold-related claim, including documented respiratory illnesses, worsening of pre-existing conditions like allergies, or medical diagnoses directly linked to mold exposure. Children, older adults, and people with compromised immune systems are particularly vulnerable and may experience more severe symptoms, including respiratory distress and lung infections.

The key to protecting your health and your legal rights is documentation. See a doctor right away if you notice symptoms, and be sure to mention if you suspect mold. A doctor can run tests to determine whether you have an illness caused by mold and can offer advice on ways to reduce and treat the condition.

Steps To Take Before Filing a Lawsuit

If mold has caused a landlord-tenant conflict or if you think you have a premises liability claim, there are steps you can take that may both protect your health and strengthen your case:

1. Notify your landlord or property manager in writing. Be specific about where the mold is located and how it’s affecting your health. Save copies of all communications.
2. Take photos and videos. Capture visible mold, water damage, or leaks. Date-stamped images are particularly powerful in court.
3. Request repairs. Give your landlord an opportunity to address the problem. If they delay or ignore you, it may strengthen your negligence claim.
4. Consult with your doctor. Ask them to document the possible connection between your symptoms and mold exposure. Start a treatment plan with your doctor and keep track of medical expenses, lost time at work, and any care you receive.
5. Speak with an attorney early. Mold cases can become complicated quickly, especially when insurance companies get involved. A lawyer can guide you before mistakes are made. A lawyer can also identify all liable parties, negotiate with your landlord for you, and seek a resolution that protects your health.

Try to get as much documentation as you can and make sure others know about the mold issues. Clear proof can often help you secure compensation and can help you stay safe.

Alternatives To Suing Your Landlord

Not every mold dispute needs to end up in court. In many cases, tenants and landlords are able to resolve issues through:

• Sometimes a strong demand letter from an attorney is enough to get repairs made and expenses covered.
• Code enforcement. Tenants can file complaints with local housing authorities. Inspectors may require landlords to fix violations.
• Meditation with a neutral third party can help resolve issues without the cost and time required for a court case.
• Third-party lawsuits. In some cases, you may have a product liability claim, if mold was caused by a faulty HVAC system or other manufacturer design flaw. An attorney can help you determine if you have a third-party claim, which can help you secure compensation without damaging your relationship with your landlord.
• Insurance claims. If the mold was caused by a water leak, hurricane damage, or plumbing failure, insurance coverage may apply.

Exploring these options first can sometimes resolve the issue faster and with less conflict, but if your health and finances are suffering, litigation may be the only path forward. An attorney can help you decide which avenue will help you secure the best remedies.

How a Toxic Mold or Landlord-Tenant Lawyer Can Help

You’ve probably tried to resolve the issue on your own, and when that hasn’t worked it’s time to contact a lawyer. An experienced attorney can:

• Investigate thoroughly. Lawyers often bring in environmental experts who can measure mold levels and trace the source.
• Establish causation. Attorneys work with doctors who can clearly explain the link between your symptoms and mold exposure.
• Handle negotiations. Insurance companies and landlords often try to minimize claims. Having lawyers who’ve worked inside the insurance industry means they know the tactics and how to counter them.
• Pursue full compensation. This may include medical costs, relocation expenses, lost wages, or pain and suffering.

If it’s time to contact a landlord-tenant dispute attorney or personal injury attorney, contact Flaxman Law Group. With more than 60 years of experience and a father-son attorney team, we have helped many tenants get out of difficult situations.

Why Choose Flaxman Law Group for Your Mold Case

Choosing the right legal team can make all the difference. Flaxman Law Group offers:

• Direct access to your attorney. You’ll never wonder who’s handling your case. When you call, you speak to a Flaxman and when you work with our law firm you have your attorney’s own cell phone number so you can avoid voicemail tag.
• Decades of local experience. With over 60 years of combined practice, our attorneys know how local courts, housing authorities, and insurers operate.
• Insider knowledge of insurance tactics. Our background in insurance defense means we anticipate strategies designed to underpay or deny claims. We know how to fight back and we’re not afraid to face the biggest insurers and corporations.
• Big results with small-firm care. With nearly $1 billion recovered for clients across multiple practice areas, our outcomes rival big firms, but we always treat you like family. You get greeted by name and we get to know your concerns and needs.
• Full-service support. We help clients find medical care, manage property issues, and reduce stress. Few firms offer this kind of start-to-finish guidance.
• No upfront costs. We work on a contingency fee basis, meaning you don’t pay unless we win. That way, you can focus on your health while we fight for your rights.

So can you sue your landlord for mold? In some cases, yes, but it is not always the best solution. If you’re dealing with mold in your home or apartment and want an honest assessment of possible ways forward, contact Flaxman Law Group today for a confidential consultation.