Mold is a recurring issue in South Florida, specially  during the summer months. 

New Florida Bar forms in residential landlord tenant leases now include mold waivers, which require the tenant to inspect the property and consent to its condition prior to moving in and allows the Landlord to be off the hook if mold arises during the landlord tenant relationship.  While not all mold is dangerous to our health, mold can cause severe property damage with spores attaching to clothes and furniture.  One recent mold case handled by our firm resulted in severe asthma and emphysema symptoms to the tenants minor child, resulting in thousand in medical bills, hotel bills and long term care.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, if you are one of the many tenants that signed these mold riders to the residential  lease agreement, you may have permitted the landlord to escape liability since the landlord can say it was the tenants failure to maintain the air conditioner or the water conditions in the property. 

Mold issues that arise during a landlord tenant residency must be communicated in writing to the landlord and allow the landlord 7 days to remediate the problem. This  could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it. Since  mold spreads quickly when the conditions (humidity, lack of air flow, dark damp growing conditions), it is crucial to address it immediately when it is first visible.

If you suspect you have mold in your real estate property, call attorney Jacqueline Salcines right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.