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Do landlord-tenant laws address the presence of toxic mold?

On Behalf of | Jun 3, 2022 | personal injury

Toxic mold located inside a dwelling can destroy property and wreak havoc on the overall health of mold-sensitive people. Exposure to abundant mold spores can also cause health concerns in those not ordinarily sensitive to the substance.

Many of those exposed to toxic mold develop respiratory and other conditions, including:

  • Mold poisoning (usually from ingesting spores)
  • Worsened asthma
  • Sinusitis
  • Skin rashes
  • Nosebleeds
  • Memory loss
  • Headaches

When young children and babies suffer exposure to toxic mold, it can increase their risk of developing asthma.

The fit and habitable standard

Under North Carolina landlord-tenant law, toxic mold goes entirely unmentioned. However, landlords have a legal responsibility to keep their rental units in “fit and habitable” condition. Part of this responsibility involves addressing structural or other problems.

Since mold grows in damp and dark environments, leaky plumbing or other methods of water intrusion can increase the mold. If your landlord fails to repair leaky conditions, they may be in violation of North Carolina fit and habitable standards.

If you or a loved one suffers from mold-related health conditions, it may be possible to hold your landlord legally liable. However, before you can seek a remedy, you must inform your landlord of the problem and give them a chance to resolve the matter. It is wise to report the presence of mold or any other health and safety issue in writing to establish a supportive documentation trail.

If your landlord refuses or fails to remedy the problem, it might be time to consider a legal solution. We urge you to learn more about property owner liability if negligence on the part of your landlord contributed to or caused your health problems.