Black Mold

[RoKe]

I lived in an apartment that had been flooded, of which, I believe became infested with Black Mold (I saw some in the bathroom). For 3-4 months I was sick almost on-going, I missed several days of work and made many doctor calls/visits, even getting antibiotics and doctor recommended days off two different times. And I had all but a couple of the symptoms of Black Mold exposure.

Now my landlord did agree to move me into a different unit, and since I haven't been sick. But of course, all the medical issues caused me additional financial burdens. Everyone I've spoke to says I should file something, as one person told me "people have filed for much less." But I am unsure if this is something I could/should do.

Any thoughts?

[randalljd]

That may not be the easiest suit to pursue--he did move you presumably as soon as you asked and notified him of the problem.

And you would have to prove absolutely the mold caused your illness and that the landlord failed to act properly...

...might be difficult.

[OHlandlord]

First, you saw something in the bathroom. You don't know what it was you saw (mold or mildew) because you didn't have it tested. You can't tell black mold from other molds or from normal mildew just by looking at it. A test would have to be done on the discoloration to see what it was before you would have proof that there was, in fact, mold in the unit. Since you don't live there anymore, it would be imposible to test it now. Did you have the health department come and test while you lived there? Do you have any reports from the building inspector that show what was there?

Even if it was mold, only 1% of all mold is the toxic balck mold type. The rest are either harmless or helpful types. The chances that any mold in your unit being of this toxic type are less than 1 in 100. Since you have no proof of what was in your unit, you cannot prove that your illness was linked to anything in the unit. You could have easily picked up some illness at work, on the street, in the grocery, or any of an number of other places.

Also, your doctor gave you antibiotics. Mold is a fungus (not a bacteria) and does not respond to antibiotics. Antibiotics are prescribed for infections, not for fungus or viruses. Symptoms of an illness does not mean you have that particular illness, as several illnesses can have the same symptoms. Did your doctor do any tests to see what was wrong with you? Your medical bills should be covered by your insurance.

I'm afraid you would not have much of a chance in court. You have no proof that there was mold, or that it was harmful mold. You have no medical tests that show your illness was due to mold exposure. (In fact, your doctor prescribed medicine for an infection, not for fungus.) The LL took measures to remove you from the unit once you reported it to him so he was not negligent in failing to act. Further, you did not state what was the cause of the flooding of your unit. (If you caused the flooding, this would be your fault.) With all of this, there is little chance you would win. Sorry.