Tenants Rights About Mold in an Apartment in Florida
When you rent an apartment, you expect that it should be a safe and healthy place to live. Florida state law even codifies the rights and responsibilities of both renters and landlords. This provides a last-straw place to seek help if you and your landlord can't come to an agreement on an issue such as mold remediation in your apartment. Recalcitrant landlords who fail to take action against mold have been successfully sued for more than the cost of remediation.
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Problem With Mold
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Because of the high humidity in the summer and potential for hurricanes, Florida homes can make an excellent breeding ground for mold. Mold needs moisture to survive and it will grow on wet materials. Inhaling spores from mold causes health problems for people. If mold has taken hold in a home, then chances are there are mold spores in the air in the home. This is why mold needs to be gotten rid of, but if it is not done properly, it can cause the release of more spores into the air, or the mold might simply return.
Landlord Liability
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No federal law is on the books to limit mold exposure in rental apartments. California, Texas, New Jersey, Indiana and Maryland are the only states that have laws specifically targeting mold exposure. A few larger cities also have mold regulations. For the most part, problems with mold must be addressed through the health sections of a state's tenant landlord regulations.
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Health Codes
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According to Florida's tenant landlord rights, a rental apartment must meet building, housing and health codes. If there is toxic mold in an apartment, then the apartment most likely will not meet the Florida's health codes. If so, it then falls upon the landlord to remedy the problem. If the landlord fails to take care of the problem, you may be able to withhold your rent until he does.
Wood Destroying Organism
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Florida's tenant landlord rights also require a landlord to take care of "wood destroying organisms" in an apartment. If the mold in the apartment is on wood, it can damage it, so mold, in this instance, would need to be taken care of by the landlord. If the landlord fails to take care of the problem, you may be able to withhold your rent until he does.
Tenant Responsibility
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Tenants are expected to care for an apartment and not be the cause of mold creation. They must keep the apartment clean and sanitary as well as keeping the plumbing good repair. If the tenant created a situation for the mold to grow through neglect, then the tenant will be the one responsible for the mold remediation.
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