Colorado Toxic Mold Lawyers

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ToggleDiscovering mold in your home or rental means a sinking feeling. You may be worried that the toxic mold will impact the way you breathe, sleep, and live. If you live with children, elderly individuals, or anyone who is immunocompromised, you may be especially worried about their safety.
If you have suffered property damage or health problems because of mold, contact the Colorado toxic mold lawyers at Flaxman Law Group. You can reach our Colorado offices at 970-999-0530 to schedule your consultation.
Our family-run firm helps people across Colorado hold negligent landlords, property managers, and insurers accountable. We have been featured on the local news after we helped a client break her lease without penalty and after we secured compensation for her relocation costs. We have helped many clients file personal injury claims and resolve landlord-tenant disputes related to mold. We understand the stakes and work hard to help you protect your health.
Understanding Toxic Mold and its Dangers in Colorado
Colorado’s climate creates a unique mold risk. While the state is known for dry air, sudden summer thunderstorms and snowmelt often lead to hidden moisture problems. Basements in Denver, Greeley, or Fort Collins, for example, can trap humidity after a heavy rain, allowing mold to thrive behind drywall or beneath flooring.
Unlike surface mildew, Stachybotrys chartarum (often called “black mold”) and other types of toxic mold produce spores that can infiltrate air ducts and spread throughout a home. Many families don’t notice the mold until there’s a musty smell or visible staining, but by then, spores may have already circulated for weeks or months.
This hidden nature is what makes mold so dangerous. Tenants may keep cleaning the same spots without realizing that the problem is structural and without knowing that there may be mold in air vents, ducts, HVAC systems, or behind walls. That’s where landlords and property owners have a duty to act quickly and thoroughly.
Common Health Issues Linked To Mold Exposure
In Colorado, doctors often see an uptick in mold-related health complaints during late summer and fall, when dampness lingers after storms. Some of the most common health issues include:
- Respiratory problems, including persistent coughing, wheezing, and asthma flare-ups.
- Sinus and allergy symptoms, which can cause congestion, sneezing, watery eyes that don’t improve with over-the-counter medicine.
- Skin irritation, including rashes or itching after spending time indoors.
- Neurological symptoms, including headaches, fatigue, brain fog, and difficulty concentrating.
Children and seniors are at higher risk for mold-related illness. Kids exposed to mold in schools or rentals may develop asthma, while older adults may suffer more severe respiratory complications. Individuals with weakened immune systems can also be more vulnerable, but anyone can get ill due to toxic mold. In some cases, illnesses can become severe and, on rare occasions, even fatal.
If you’ve noticed your symptoms ease when you leave your home for a few days, you may be dealing with a mold-related health issue. Unfortunately, many tenants report that landlords dismiss these symptoms as “allergies” or blame tenants for not cleaning properly. Having an experienced lawyer can help shift the focus back to the property owner’s responsibility to maintain a habitable space.
How Toxic Mold Problems Arise in Colorado Homes And Rentals
Toxic mold cases in Colorado often trace back to one of a few preventable issues:
- Roof leaks after hailstorms. Colorado’s Front Range is one of the most hail-prone areas in the country. Even small leaks can let in enough water to cause hidden mold.
- Poorly maintained plumbing. Old rental properties in Denver or Boulder may have outdated pipes that drip behind walls, creating the perfect breeding ground for mold.
- Snowmelt infiltration. Homes near the foothills or in mountain towns like Estes Park may experience moisture seeping into basements during spring thaw.
- Improper ventilation. In multi-unit buildings, bathrooms and kitchens without proper fans can trap steam, fueling mold growth.
- Neglected repairs. Sometimes landlords or contractors patch visible issues with paint or caulk instead of addressing the source, allowing mold to return.
In Colorado homes, these issues can lead to mold growing on and under floors, ceilings, and walls. It can also infiltrate HVAC units, so that spores are blown all over the home.
Identifying Parties Responsible for Mold-Related Damages
There may be multiple accountable parties if you have suffered property damage or illness due to toxic mold. Depending on your situation, responsibility may fall on:
- Landlords and property managers who ignore complaints or delay repairs.
- Builders or contractors if poor construction or faulty materials caused the problem.
- Manufacturers of faulty HVAC systems or building materials.
- Insurance companies that deny or undervalue valid claims for remediation or medical costs.
- Home sellers who fail to disclose known mold problems before a sale.
For example, if you rent an apartment in Aurora and your landlord refuses to fix a persistent leak that leads to black mold, they may be directly liable for your medical expenses, damaged furniture, and even relocation costs. If your homeowners’ insurance in Colorado Springs delays your claim, legal action may be necessary to secure coverage.
Tenant And Homeowner Rights Under Colorado Law
For tenants, Colorado’s “warranty of habitability” law requires landlords to provide and maintain rental units that are fit for living. That means landlords must address conditions that make a property unsafe or unsanitary, including persistent mold growth caused by leaks, poor ventilation, or other maintenance issues.
If a landlord ignores written complaints about mold, tenants may have the right to withhold rent, move out without penalty, or pursue legal action. However, it’s not always that easy. It is very common for mold issues to cause landlord-tenant disputes. Tenants who try to solve the problem themselves may face eviction notices and retaliation (even though landlord retaliation is illegal). Working with Colorado toxic mold lawyers helps tenants protect their rights and ensure they have a safe place to live.
For homeowners, Colorado real estate law requires sellers to disclose known material defects, which can include water damage or mold issues. If you purchased a home in Colorado Springs or Fort Collins only to discover hidden toxic mold that the seller or builder knew about but failed to disclose, you may have grounds for a legal claim.
Homeowners’ insurance may also cover certain mold-related losses, though insurers often deny or minimize these claims. Flaxman Law Group understands how adjusters frame mold claims to limit payouts. Our team knows how to challenge those tactics, so you’re not left covering the costs yourself.
Proving Liability in a Toxic Mold Injury Claim
While you may know who is responsible for mold in your home, proving who is responsible is another matter. Mold isn’t always obvious, and landlords, property managers, contractors, or insurers may try to point fingers to reduce their liability.
To succeed in a mold injury claim in Colorado, you typically need to establish:
- The presence of mold. Medical testing, lab results, or environmental inspections can show mold growth in your home.
- Negligence or breach of duty. Proof that a landlord ignored complaints, a builder cut corners, or an insurer denied a valid claim can help you establish liability.
- Causation. Medical evidence that the mold exposure caused or worsened your health issues can come in the form of medical reports and lab test results.
- Damages. It is important to secure documentation of medical bills, lost wages, property loss, and emotional distress.
For example, let’s say you live in a rental near the University of Colorado Boulder. You report a persistent leak under your bathroom sink, but months go by without repairs. Eventually, black mold spreads into the walls, and your asthma worsens. By keeping records of your communications with the landlord, medical visits, and inspection reports, you create a strong foundation to prove liability.
At Flaxman Law Group, we frequently work with experts (including medical professionals, industrial hygienists, and building inspectors) who can provide testimony that links mold exposure to health problems. Because we’ve handled complex injury and property damage claims for decades, we know how to present evidence that meets Colorado’s legal standards.
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Compensation Available for Mold Exposure Victims
Mold exposure can take a toll on your work life, health, and your finances. In Colorado, victims may be entitled to seek compensation for a wide range of damages, including:
- Medical expenses.
- Lost income if you miss work due to illness or relocation.
- Property damage, including replacement of contaminated furniture, clothing, electronics, or other belongings.
- Remediation costs, which can include storage and moving costs, if you need to move temporarily while the work is carried out.
- Pain and suffering.
- Incidental costs, such as the cost of air quality monitoring or mold testing.
In cases where a mold-related illness has caused a fatality, family members may be able to file a wrongful death claim. This allows them to seek damages for final medical bills, burial costs, funeral expenses, and pain and suffering. A wrongful death claim also financially compensates families for the loss of support of a loved one.
Importantly, Colorado law allows both economic damages (out-of-pocket losses) and non-economic damages (the emotional and quality-of-life impact). At Flaxman Law Group, we calculate the full scope of your losses, not just the obvious expenses, to make sure you’re not left covering hidden costs years on your own.
How Our Colorado Toxic Mold Lawyers Can Help You
When toxic mold turns your home into a health hazard, Flaxman Law Group has the resources to negotiate with liable parties, file a claim on your behalf, and pursue your claim all the way to court, if that’s what is needed to get you the outcome you need.
Here’s what sets us apart in Colorado toxic mold cases:
- Strong, direct communication. When you call our Denver offices, you’ll speak directly with Steven Flaxman. From the first consultation to the resolution of your case, you have an experienced attorney overseeing every step of the case and communicating with you.
- Decades of trial and negotiation experience. With over 60 years of combined experience, we know how to untangle complex mold claims involving landlords, contractors, and insurers.
- Insurance insider knowledge. Having worked on the insurance side, we understand the strategies adjusters use to deny or delay claims. We anticipate their moves and prepare counterarguments before they even have a chance to try to minimize your claim.
- Proven results. Our firm has recovered nearly $1 billion for clients across injury and property cases. We deliver outcomes that rival large firms while giving you the personal attention of a family-run practice.
- Full-service support. We can help you find remediation professionals, medical providers, and even temporary housing resources. While most law firms won’t take this extra step, we believe it’s our job to help ease your stress so you can focus on healing.
With hundreds of near-perfect client reviews and many glowing testimonials, what we’re most proud of is the way we have helped our clients. When individuals are frightened by mold-related illness, we’ve been able to help them get to safe housing and to secure the compensation they need to breathe easy.
Steps To Take If You Suspect Mold (And How To Tell If You Have Mold)
Sometimes you’ll see black spots spreading on drywall, but other times the warning signs of mold are subtle. You may notice a lingering musty smell, a cough that flares up only when you’re at home, or wallpaper that seems to bubble after a storm.
If you suspect mold in your home or rental unit, here’s what you should do:
- Pay attention to your senses. Musty, earthy odors that don’t go away after cleaning often point to hidden mold. Also, watch for new or worsening allergy-like symptoms (congestion, headaches, skin irritation) that ease when you’re away from home. If you feel worse after coming home from vacation, it’s time to investigate whether you have mold.
- Look for physical signs. Mold often grows where moisture lingers: around windows with condensation, under sinks, behind appliances, in bathrooms, and near roof leaks. Stains, discoloration, or warped building materials may be clues. Look for even small patches. It could indicate much larger mold growths behind walls.
- Document everything. Take photos and videos of any suspicious spots, leaks, or water damage. Note dates and times when you noticed symptoms or odors. This documentation can be crucial if you later need to prove your landlord, contractor, or insurer failed to act.
- Avoid disturbing the area. Scrubbing at mold without proper protection can release spores into the air, where you can breathe more of it in and make your health risks worse. If the area is larger than a few square feet or if you are already suffering from respiratory symptoms, call a professional remediation company instead of trying to handle it yourself.
- Notify your landlord or property manager in writing. If you rent, written notice is key to protecting your rights under Colorado’s warranty of habitability law. Include photos if possible, keep a copy for your records, and request prompt remediation.
- Consider professional testing. An environmental inspector or industrial hygienist can confirm whether you’re dealing with toxic mold species, such as Stachybotrys chartarum (often known as “black mold”). These reports carry weight in legal and insurance claims. A professional can also give you important information that can help you determine whether you need professional remediation or another remedy.
- Protect your health. If you have any symptoms or if the mold in your home is significant, see a doctor and mention possible mold exposure. Keep medical records, since they may support a claim for damages if the mold is traced to landlord negligence or hidden defects in a purchased home.
Your health is too important to ignore. However, many landlords and tenants don’t know what to do when faced with mold in their homes. Mold remediation can be too expensive to pay out of pocket and tenants may not know what to do when landlords refuse to make their rental safe. In these situations, Colorado toxic mold lawyers can help.
Speak With a Colorado Toxic Mold Attorney Today
No matter what your situation, if you are suffering ill health effects, property damage, or a landlord-tenant conflict due to mold, contact Flaxman Law Group at 970-999-0530 to schedule a consultation. During your consultation, we will review the details of your situation and will offer an honest, confidential assessment of what we may be able to do.
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Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
Landlord-Tenant Practice Areas
Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.