The Lone Star State is a grand and extensive place, covering a total of 268,601 miles and housing a population estimated at 24,782,406. It’s the second largest U.S. state in both area size and population. It is also the land where, in 2001, a verdict was handed down stating that Farmers Insurance Group was to pay a Dripping Springs family a total of $32 million dollars for damages related to insufficient mold abatement in the family’s home.
If you live in Texas, you’ve probably heard the topic of mold being brought up in the media quite a bit, especially since the multi-million-dollar verdict of 2001. When the verdict was given, it perked everyone’s attention and garnered a considerable amount of media time. Suddenly everyone was talking about mold, and the buzz hasn’t really died down since. With so much talk about what mold is, how to identify it, and the health effects it can have, it can be difficult not only to determine fact from fiction, but also to find information on what your rights are in the instance of finding mold in your home or property.
Firstly, let’s go over what mold actually is. Mold is a living single-celled organism that is a form of fungi. It grows in colonies and can come in many colors, such as red, black, green, blue, brown, and white. It thrives in conditions of high humidity and warmth, and grow well on nearly all surfaces, such as wood, fabric, carpet, drywall and stucco. When conditions are ideal, mold growth can occur rapidly, and large areas of a building can become contaminated in a matter of days.
There are hundreds of thousands of varieties of mold known to mankind, and mold is found nearly everywhere, both indoors and out. About one thousand types of mold are commonly found indoors. Thankfully, out of those thousand, only a handful of types of mold are actually known to be potentially harmful to humans.
It’s true that mold can cause health problems, such as respiratory infections and even neurological problems and memory loss, though these problems usually occur more amongst those with suppressed immune systems, such as children or the elderly. The only problem is, since there are so many different varieties of mold that come in such a wide range of colors and textures, it’s nearly impossible to determine what type of mold you may have without a proper laboratory testing. If you own your home and suspect mold growth to be present, having the air in your home tested for mold should be your first course of action if you suspect that your home may be infected. However, if you rent your home or apartment, it may not be financially viable for you to get your apartment tested. Nor should it be your responsibility.
Under Chapter 92 of the Texas property code, which covers all possible aspects of a tenant/landlord relationship, under Section 92.052 (a) (3), the law states that a landlord must make a diligent effort to repair or remedy any condition that “materially affects” the health and safety of the occupants. With that said, if you discover mold or are suspicious that mold may be present in your home and your landlord doesn’t want to have it remediated, it will be up to you to make a strong enough case to show that your home is in a bad enough state as to adversely affect your health.
If you smell a musty or earthy smell or see mold growth in your rented property, the first thing you will want to do is make sure that you alert your landlord to the problem. When it comes to any communication with your landlord, it is always a good idea to make sure that all correspondence is in writing and that you have a copy of everything in the instance that you and your landlord have a disagreement that escalates to legal action. Especially in situations that handle highly litigious and expensive topics, like mold and the remediation thereof.
Send your landlord a letter, insured, with delivery receipt requested and a copy for yourself. The letter should alert your landlord to the mold situation, quote Section 92.052 (a) (3) of Chapter 92 of the Texas property code, and give a reasonable amount of time to have the work completed by – generally around seven days. This should be enough to motivate any decent landlord to handle the mold situation in a timely fashion.
If, however, your landlord ignores your request, blatantly refuses, or has the work insufficiently completed, there are courses of action you can take in order to protect the health and safety of yourself and your loved ones. Meeting with a lawyer who specializes in mold litigation or landlord/tenant law should almost certainly be your first course of action, as they would be able to give you timely legal advice specific to your precise situation.
The lawyer you meet with will probably suggest to you that you document your living conditions as thoroughly as possible. Take photographs of moldy conditions, meet with a doctor if you’re feeling symptoms conducive with mold infections (such as coughing, wheezing, allergies, headaches or nosebleeds), and have an indoor air quality test conducted by a licensed environmental services company like Indoor-Restore Environmental Services, as these all could aid you if you end up needing to defend your right to a clean and safe living environment in court.
Generally speaking, when it comes to a negligent landlord in Texas, the best course of action you can take is to sue your landlord for a court order to repair the property and award you damages. According to Texas law, you can even do this without a lawyer. While this method certainly sounds harsh, if you win, not only will the landlord have to remediate the mold and bring the apartment to livable conditions, but you may even be awarded reduced rent from the date you first notified your landlord of the problem, one month’s rent plus $500 in penalties, and you may even be awarded the amount of actual damages you suffered, such as the cost of a hotel room if you couldn’t stay in your rented home, as well as attorney and court fees.
If you determine that you would like to continue along this route in order to ensure the health and safety of yourself, your family, and your neighbors, you will want to educate yourself as much as possible on the rules and courses of actions to take in order to ensure your best chance of winning. No matter what happens, remember that you and your loved ones have the right to live in a safe and habitable environment, and you have the right to fight to make sure that you do.
For more information regarding mold, potential health effects of exposure, and indoor air testing and remediation, call us at 1-866-358-3838 or email us here.
For more information on general Tenent’s Rights in Texas, visit http://texastenant.org. For rules and forms related to filing suit against a negligent landlord, visit: http://www.supreme.courts.state.tx.us/miscdocket/09/09919500.pdf
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