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Old 07-30-2005, 02:40 PM   #1 (permalink)
Junior Member
 
Join Date: Jul 2005
Posts: 1
Unhappy TOXIC MOLD Related Illness

We've been living in an apartment contaminated with TOXIC BLACK MOLD. The apartment management refuses to address the issue and continues to harass / intimidate us.

They've served every eviction notice known to man ... only to get shot down in the courts because they've failed to maintain a habitable dwelling unit.

Still, we're living in this contaminated apartment and still breathing in toxic mold spores on a daily basis. Where we live, if we "run out" on a lease, we won't be able to rent anywhere in this town. Also, the apartment management can keep our deposit money and charge us additional fees, etc.

They're playing games and all the while we're having to live on antibiotics and other meds. We've had to start using inhalers because we have problems breathing, and it's impossible for us to go anywhere without having HUGE reactions to other allergens.

We've only been living here 4 months and our health has taken a complete turn around. We were healthy and happy 4 months ago ... and now suffer from allergies, asthma, chronic infections, hair loss, malaice, depression, multiple infections with various body systems, and the list goes on and on and on.

Our children have been spending the most of their time at Grandparents, but there is no "room" for us because the Grandparents have a very small mobile home. They are our only relatives here.

I would like to know who will be responsible for the apartment managements failure to maintain a habitable dwelling unit and what, if anything, will we be entitled to since all of this is due to their negligence. I've found little or no legislation regarding toxic mold contamination.

Thank you for any suggestions.
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Old 07-31-2005, 03:59 PM   #2 (permalink)
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Join Date: Jul 2005
Posts: 145
Cool Get legal advice, and move!

It seems you have two problems here. First is a landlord/tenant problem. If your landlord has abused their position, you definitely need representation to defend your rights. If you have already gone to court, you are probably aware that there is often legal aid clinics in major cities designed to help low income renters in their disputes against landlords. One of those landlord tenant attorneys should be able to help you. If you do not qualify for legal aid, you can always find an attorney through LegalMatch. A real estate attorney in your area that specializes on tenant’s rights will be best able to help you assess your options.

Second, you have a personal injury matter that involves toxic mold. There are a number of major personal injury law firms that specialize in toxic mold. If you are to hire an attorney, make sure you hire toxic mold attorney specialist. Although any attorney can “technically” represent you here, most are not set up for these types of cases and others will bring in the specialists as co-counsel to do the actual representation. Shop around and you should be able to find the right toxic mold attorney.

Things to keep in mind:
1. These types of cases are “contingency” cases. That means that you should not expect to pay anything to the attorney representing you. They will get their fees from the settlement / judgment of the case. They typically will charge 1/3 of the collections, plus costs. Sometimes they will charge 40% of the winnings.
2. There are a lot of aggressively advertising toxic mold attorney specialists around and go with the one that makes you most comfortable.
3. You may not have a case here. It does not seem you have established clear damages in this case. If a few attorneys have reviewed your matter and said they are not interested, that’s a good indication that your matter is not right for litigation. In these cases, make sure to ask for advice on what to do next from the attorneys you talk to.
4. To establish a good case you need lots of “damages”. That means that you need to show that you and your family have suffered significant medical problems from the exposure to the toxic mold.
5. Always remember to put things into perspective. Good health is always more important then money. Don’t consciously expose your family to toxic mold and wait for them to have develop “damages” in order to sue. Get your family out of there! If you have a case, sue, if you don’t, at least your family will be safe.


Quote:
Originally Posted by MamaB
We've been living in an apartment contaminated with TOXIC BLACK MOLD. The apartment management refuses to address the issue and continues to harass / intimidate us.

They've served every eviction notice known to man ... only to get shot down in the courts because they've failed to maintain a habitable dwelling unit.

Still, we're living in this contaminated apartment and still breathing in toxic mold spores on a daily basis. Where we live, if we "run out" on a lease, we won't be able to rent anywhere in this town. Also, the apartment management can keep our deposit money and charge us additional fees, etc.

They're playing games and all the while we're having to live on antibiotics and other meds. We've had to start using inhalers because we have problems breathing, and it's impossible for us to go anywhere without having HUGE reactions to other allergens.

We've only been living here 4 months and our health has taken a complete turn around. We were healthy and happy 4 months ago ... and now suffer from allergies, asthma, chronic infections, hair loss, malaice, depression, multiple infections with various body systems, and the list goes on and on and on.

Our children have been spending the most of their time at Grandparents, but there is no "room" for us because the Grandparents have a very small mobile home. They are our only relatives here.

I would like to know who will be responsible for the apartment managements failure to maintain a habitable dwelling unit and what, if anything, will we be entitled to since all of this is due to their negligence. I've found little or no legislation regarding toxic mold contamination.

Thank you for any suggestions.
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