By Maryam K. Ansari
May 14, 2010
Here is an article that outlines a few issues of concern to Boston real estate lawyers. The article speaks of an interesting program set up with some Boston area medical centers and some major local law firms.
What I found most interesting about this article was the fact that on first glance, it would seem that many medical patients have so much concern in other areas that they often don’t fully recognize the potential legal issues they may have.
Take, for example, the issue of mold in a rented condo apartment. Here’s a scenario I came across, involving a family in an apartment. As it turned out, the family that lived next door was extremely unsanitary. They had many children and let the children run wild, sometimes without diapers. Garbage was piled up and the carpets were disgusting.
The story gets even more disgusting. There was mold in the downstairs apartment. And the mold crept up to the adjacent apartment.
Mold is known to cause many health problems, such as chronic fatigue, nausea and rashes. It can even cause asthma.
While the area of mold litigation is a newer area for Boston real estate lawyers, it’s still an issue of concern. I’ve already discussed the warranty of habitability in this blog. It might be one of the stronger arguments to make. There could be greater lawsuits regarding mold, but it turns into a personal injury lawsuit and as such, the causation element becomes very important. In fact, the whole lawsuit may become a lot more complicated if the tenant pursues the case from the standpoint of having suffered personal injury.
From a Boston real estate lawyer’s standpoint, there could always be enough reason to compel your landlord to make the repairs and get rid of the mold. Have a look at the related resources section, particularly at the blog post about repairs. If you have any questions regarding your rights as a renter, speak to a Boston real estate lawyer.
•Renter’s Rights: When the Landlord Refuses to Make Repairs (FindLaw’s Boston Real Estate Law News Blog)
•Construction Defects and Toxic Mold (FindLaw)
•Find A Boston Real Estate Attorney (FindLaw)
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in