Tenant Claims

Tenant Mold Claims in Florida.

Holding Landlords Accountable Under Florida Law

We pursue claims against landlords, property managers, neighbors and contractors — and we are ready to go to court.

Signs of Mold in Your Rented Dwelling

Musty odors, visible growth, or discolored drywall

Overhead ceiling leaks or stains in the AC closet from the upstairs neighbor or near exterior walls or windows

Warped baseboards, buckled flooring, or stained ceilings

Health symptoms that improve away from the unit

Common Issues Experienced by Tenants

  • Water leaks and moisture intrusion, often coming from roofs, plumbing lines, HVAC systems, or neighboring units
  • Hidden or inaccessible pipes and mechanical systems located inside walls, ceilings, or utility chases, making it difficult for tenants to verify the source of a problem
  • Structural or building-wide maintenance issues, including aging plumbing systems, deteriorating roofs, and exterior wall defects
  • Repairs delayed or denied when responsibility for maintenance is unclear or disputed between the landlord, property manager, or maintenance staff
  • Confusion about who is responsible for repairs, which often depends on the lease agreement, building policies, and Florida law

Why Tenant Mold Claims are Different

Water intrusion and mold growth are among the most common problems faced by tenants in Florida—whether you rent an apartment, townhouse, condominium unit, or single-family home. Unlike owner-occupied properties, tenants depend heavily on their landlords or property managers to address these conditions promptly. Unfortunately, many landlords attempt to shift responsibility, delay repairs, or deny problems altogether, leaving tenants in unsafe or unhealthy environments.

Hidden building components—such as plumbing lines inside walls, deteriorating roofs, HVAC malfunctions, or leaks from neighboring units—often make it difficult for tenants to identify the exact source of a problem. However, Florida’s Landlord-Tenant Act places clear responsibilities on landlords to provide safe, habitable living conditions, including addressing water intrusion, mold, and structural issues that were not caused by the tenant.

Many tenants are unaware that Florida law gives them powerful legal rights when facing mold or other sub-standard living conditions. If you are dealing with toxic mold or ongoing water leaks caused by your landlord’s neglect, you have the right to serve the landlord with a written 7-Day Notice to Cure, formally demanding that the landlord remediate the problem.

If the landlord fails to correct the issue within seven days, Florida law gives you two options:

  1. Terminate the lease and move to a safe residence, or

  2. Withhold rent until the landlord completes the necessary repairs, provided proper notice has been given.

Once the lease is legally terminated, you are no longer responsible for rent going forward. However, the notice must be drafted carefully and must comply with every requirement of Florida Statute § 83.56. An incorrect notice may jeopardize your rights or expose you to eviction.

Because these legal notices must be prepared with precision—and because landlords often dispute liability even after receiving proper notice—we recommend contacting our office for a free case review before taking action.

If you need a reference, you may review a sample 7-Day Notice to Cure here.

Who is responsible — the Landlord or the Tenant?

What is the Landlord Usually Responsible For?

Under Florida law, landlords are responsible for maintaining the rental property in a safe and habitable condition, which includes repairing water leaks, remediating mold, and addressing structural or plumbing problems that were not caused by the tenant.

In fact, Florida’s Landlord-Tenant Act requires landlords to maintain the premises in compliance with all building, housing, and health codes. When leaks, moisture intrusion, or unsafe living conditions arise from the landlord’s failure to maintain the property, the law places the responsibility squarely on the landlord—not the tenant—to correct the problem.

Florida courts consistently recognize that a landlord cannot avoid their repair obligations simply because the issue originated from aging systems, neighboring units, deferred maintenance, or conditions the landlord did not personally cause. If the landlord fails or refuses to make the necessary repairs after receiving proper notice, the tenant may be entitled to withhold rent, terminate the lease, or pursue damages for the unsafe conditions.

Can I recover for displacement, personal property, or previously paid rent?

Yes — you may be able to recover these damages. Your ability to obtain compensation depends on who caused the unsafe condition, whether the landlord failed to make timely repairs, and whether proper written notice was given under Florida law. If the landlord’s neglect caused the water intrusion or mold problem—or if the landlord failed to fix the issue after receiving a proper 7-Day Notice to Cure—you may be entitled to recover:

  • Displacement costs, including temporary housing, hotel stays, or relocation expenses

  • Personal property damage, such as clothing, furniture, and belongings contaminated or destroyed by mold or moisture

  • Previously paid rent, when you were paying for a property that was not legally habitable under Florida’s building and housing codes

To support these claims, it is essential to preserve receipts, photographs, inspection reports, medical documentation, and written communications with the landlord or property manager. These records help establish the extent of your losses and the landlord’s failure to act—both of which are necessary to pursue compensation.

What if the Landlord already tried to fix it?

Even if the landlord attempted repairs, you may still have a claim. Many landlords paint over mold, bleach it, or make superficial cosmetic fixes that do not address the underlying source of the problem. Florida law requires that mold issues be properly assessed and remediated by licensed professionals, and repairs must eliminate both the moisture source and the contaminated materials.

When we review your case, we look at whether:

  • The landlord used a licensed mold assessor and remediator

  • The repairs followed Florida’s industry and safety standards

  • The source of the water intrusion or moisture was actually fixed

  • Contaminated materials were removed rather than covered up

  • Evidence was preserved before the landlord made repairs

If the landlord’s “repair” was incomplete, unsafe, or failed to correct the underlying issue, you may still be entitled to compensation for mold exposure, personal property damage, and the loss of use of your home.

Do I need mold testing to pursue a claim?

Yes — mold testing is essential. Without a licensed mold assessment, we cannot properly evaluate whether you have a viable mold claim. Testing identifies the type and concentration of mold, determines whether moisture is still active, and connects the mold growth to a leak or maintenance failure in the property. This information is critical when establishing that the home is unsafe or uninhabitable and that the landlord is responsible for the conditions.

When reviewing a potential case, we look at whether:

  • A licensed mold assessor performed the inspection

  • Air and surface samples were properly collected and analyzed

  • The report identifies an active moisture source or water intrusion

  • Mold levels exceed normal indoor ecology

  • The findings support both liability and resulting damages

Because mold cannot be diagnosed accurately by sight or smell alone, professional testing is required before we can determine the strength of your claim or advise you on next steps. If you have not yet obtained testing, we can guide you through the process to ensure it is done correctly and meets Florida’s legal and industry standards.

What to do next?

Water leaks and moisture problems can quickly lead to dangerous mold—even when no visible growth is present. Mold exposure can impact your health, damage your personal belongings, and make the home legally uninhabitable. If you believe you are being exposed, it’s important to act quickly and notify your landlord or property manager in writing.

Under Florida law, once you deliver proper written notice, the landlord must repair the problem within the required time frame. If the landlord ignores the issue, delays repairs, or performs improper or incomplete remediation, you may have the right to terminate your lease, withhold rent, or pursue a claim for damages, including the cost of temporary housing and loss of personal property.

If you’re dealing with water intrusion or toxic mold in your rental home, we can help protect your rights.

Call (954) 241-2260 or request a Free Case Review by completing the form at the bottom of this page.

7-Day Notice Package

$600flat fee
  • Includes Drafting of 7-Day Notice and Notice of Termination of Tenancy on The Mold Lawyers Letterhead and Sent to your Landlord
  • Choose this option if you haven’t given the Landlord a 7-Day Notice yet.
PAY NOW

Notice of Lease Termination

$300flat fee
  • Includes Preparation of Notice of Termination of Tenancy prepared by The Mold Lawyers on Firm Letterhead and Sent to your Landlord
  • Choose this option if you have already given the Landlord a 7-Day Notice
PAY NOW

Results and experience.

Our team of Florida Tenant Mold Attorneys has helped renters across the state recover compensation from landlords and property managers who denied responsibility, failed to reimburse for displacement or previously paid rent, ignored dangerous living conditions, or refused to cover the cost of proper mold remediation and repairs.

Because every rental situation is different—and because each property, lease, and set of facts presents unique challenges—we develop a tailored legal strategy for every tenant we represent. Our goal is to protect your rights, hold negligent landlords accountable, and ensure that all of your losses are fully addressed.

If your landlord is refusing to act or has left you living in unsafe conditions, contact us today to find out whether your claim qualifies.

How Mold Affects Tenants and Why It Matters

Mold exposure affects everyone differently, but tenants commonly experience symptoms such as coughing, wheezing, sinus irritation, headaches, fatigue, or worsening asthma and allergies. Even when mold isn’t visible, it can grow behind walls, under flooring, or inside the HVAC system after a leak or moisture problem.

Certain individuals — including children, older adults, and anyone with asthma, allergies, or weakened immune systems — may experience stronger or more persistent reactions. Documenting your symptoms is important because it helps establish both the severity of the problem and the landlord’s failure to provide a safe, habitable home as required under Florida law.

If you are experiencing health issues or believe mold is present in your rental home, contact us for a free case review. We can help you understand your rights, determine whether you may be entitled to compensation, and guide you through the steps needed to protect your health and your legal claim.

Florida’s Largest Law Firms refer their mold cases to us.

Get a Free Case Review.



Office

1250 S. Pine Island Road, Suite 225
Plantation, Florida 33324



Contact

info@themold.lawyer



Office Hours

Office Hours: Monday – Friday: 9am — 5pm
Phone Agents: 24 hours per day.
954-241-2260