Top Utica, NY Mold Lawyers Near You

Does Your Landlord Have to Keep Your Apartment Free of Mold?

It is ultimately the landlord’s responsibility to ensure that their tenants live in habitable and healthy spaces. Although landlords can’t do much about untidy or messy tenants, they are responsible for cleaning up any mold that forms on walls or fixtures. Landlords are also responsible for fixing any leaks or faulty appliances that caused the mold problem in the first place.

How Much Money Can You Get for a Mold Lawsuit?

The amount of money you might be able to get in a mold lawsuit depends on the circumstances. In most small-claims court settlements, successful litigants can expect to receive anywhere from $3,000 to $10,000 in damages concerning health or property loss.

This amount of money can increase if the mold in your residence leads to death or life-altering sickness, or if you can medically document a health-related job loss because of the mold problem. If landlords are specifically negligent in remediating the issue when it is first raised, tenants might be eligible for a larger settlement.

Is There a Statute of Limitations for Mold Lawsuits in New York?

Mold lawsuits are generally covered by personal injury tort law, most of which are subject to a state-enacted statute of limitations. For example, California holds a two-year statute of limitations regarding mold lawsuits. Many defense lawyers representing the landlord will claim that the first arrival of any symptoms could constitute that start date. Most states work within a 1-to-3-year statute of limitations.

With this in mind, it is important to take mold seriously and consult a lawyer in New York as soon as you see a problem.

How Do You Win a Mold Lawsuit?

Documentation, such as photographic or video evidence that you timestamped and emailed to professionals, can be a good place to start. Any official reporting from a family physician, property restoration company, or local governmental agent or health inspector can also help win a mold lawsuit. You will need documentation of all correspondence with the landlord, especially regarding the mold in the apartment.

Beyond the compilation of evidence to back your claims in court, it’s essential to consult an experienced toxic mold lawyer. With the evidence in hand and a capable legal team beside you, your odds of winning a mold lawsuit are usually better.

Are There Lawyers Handling Mold Lawsuits Near Me In Utica, NY?

Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. If you are looking for a lawyer to help you in a mold lawsuit in Utica, be sure to document all evidence before reaching out. You might want to take pictures of the affected area, document any health concerns discussed with a physician, and any correspondence with the landlord or professional mold remediators. A lawyer with experience in toxic mold law and tort mold law may be able to help you determine the best way to move forward.