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|Molds are simple microscopic naturally occurring organisms present in
the natural environment. Spores are everywhere and exposure to them
cannot be avoided. Mold will grow on virtually any organic substance as
long as moisture and oxygen are present.
Although many individuals have no reactions to mold, some have severe reactions. While researchers have begun to understand the potential health risks associated with mold contamination, there is still much debate within the scientific and medical community about which molds and what situations pose serious health risks.
There is no such debate, however, among Plaintiff’s lawyers. Courts have increasingly found landlords legally liable for tenant health problems associated with exposure to mold, often to the tune of millions of dollars.
Safe and healthy indoor air quality must be considered of great importance and complaints by tenants should be taken very seriously because tenant have options available when landlords are unwilling to correct problems that result in indoor mold growth.
Prevention of mold and other moisture problems is low in cost compared to costs of remediation of such problems. Prevention is even more cost-effective when compared to the costs of defending against claims by buyers or tenants, particularly when insurance doesn’t cover mold and the claim is for millions of dollars.
Investors must use care when buying and selling properties and landlords must take mold seriously and have procedures in place to minimize their risks from mold-related claims.
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