All property owners have a duty of care to reasonably maintain their premises. A duty of care for a property owner essentially encompasses any actions that a reasonable property owner should take or should have taken in similar circumstances.
As far as the law is concerned, all landlords, homeowners, and property managers must take care of serious mold buildup before it can negatively affect people’s health. If that doesn’t happen, an aggrieved individual is entitled to compensation for their losses.
If you notice that there is black mold in your apartment or home, your should contact your landlord before anything else. As mentioned, most forms of mold are not dangerous, and it’s a good idea to have it tested before assuming the worst. Ideally, your landlord will do the right thing and hire a company to test the mold. If the mold tests positive for toxicity, your landlord should hire a professional service to remove it.
What if your landlord doesn’t take you seriously? You may have to hire someone to test it yourself. However, the money you spend to test and eliminate toxic black mold will either be returned to you or added to the damages you may be entitled to recover should your claim go to court.
However, there is one caveat. The mold must have been caused by a landlord’s failure to adequately monitor the property for mold. The mold cannot be caused by a tenant’s lack of proper housekeeping though. If, for example, a tenant leaves all the windows open when it’s storming outside a tenant would be responsible for that mold buildup and not the landlord.