The Mold Lawyers Guide
to Handling a Mold Claim
If you suspect that you have an ongoing mold problem where you live, it is important that you follow the steps below in order to properly preserve and document your claim.
Step 1:
Take Pictures
It is important to document the conditions causing the mold and any water damage in the property. Often times, landlords and associations will attempt to cover up the evidence and this is why it is important to have photographic evidence of the mold and water damage. Make sure you have copies of the photos and keep them in a safe place. These photographs may be important later on to document the condition of the premises when the mold was first discovered and prior to any remediation work being done.
Step 2:
Get Your Home Mold Tested
It is important to have the property tested for mold. In Florida, all mold inspectors are required to have a speciality mold assessors license. It is very important to hire a licensed mold assessor or inspector who is an expert in mold testing. We recommend having the licensed mold assessor perform an air sample in each room where the presence of mold is suspected. In addition, the mold assessor should take a swab sample of any visible mold to verify the type of mold and the spore concentration. Militzok & Associates works with several mold scientists that are extremely detailed in their mold testing process and will provide you with a detailed report of each type of mold that is present in your residence and what repairs are required.
Step 3:
Provide a Written Notice
If the landlord or association isn’t aware of the mold problem, then they can’t be held responsible for your damages. It is important to notify the landlord or association in writing (by certified mail) as early on as possible. Since it is important that your notice comply with the law in order to succeed in your claim, the attorneys at Militzok & Associates can assist you in drafting your notice to ensure that it is legally sufficient and will hold up in court. Although we recommend that our lawyers assist you with drafting the notice to your landlord, a do-it-yourself tenant notice form can be downloaded here. For Condo Owners, contact us for assistance with your written notice to the condo association.
Step 4:
Keep Track of your Damages
Just because there is mold where you live doesn’t mean you are automatically entitled to damages. You have to prove to the court that you suffered financial expenses such as: moving expenses, mold testing expenses, damage to your personal property, hotel bills and more. It is important to keep your receipts and keep track of any lost days of work. It is also important to make a list of all of your property that was damaged and locate any receipts showing how much each piece of property cost you to purchase.
Step 5:
Make an Appointment with a Doctor
If you believe that you are suffering from mold exposure, it is important to go see your doctor. Any medical claim must be supported by expert testimony from a licensed physician. Ideally, it is best to see a physician who has experience with injuries caused by mold exposure. However, it is always a good start to see your regular physician. The category of physicians that often are involved in the assessment of injuries from mold exposure include: allergists, pulmonologists, toxicologists and environmental specialists. Militzok & Associates can put you in contact with these types of doctors who specialize in mold exposure.
Step 6:
Contact an Experienced Mold Lawyer
The Florida mold attorneys at Militzok & Associates are experienced in dealing with landlords and associations who deny that there is mold in the property or will try to cover it up. We will fight to ensure you receive the compensation you are entitled to under the law. If you believe you have been exposed to toxic mold, contact us for a free, no-obligation case review to discuss your legal rights.