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Asked in CA May 26, 2022 ,  0 answers

Landlord and mold

I am a landlord and have a

management service who hired

a negligent worker to fix

ceiling tiles which led to

tenat exposure to mold. Tenent

did not notify manager of

concern but instead notified

city building dept. Testing was

immediatley done and

remediattion is going on now,

tenant is in hotel. Told

tenant there was mold she was

exposed to for 1-3days but

tenant wants see full copy of

mold report. Is management

company liable for any of this

lack of oversight

Data From  LAWGURU_Question

3 Answers

Anonymous
Reply

Posted on / Jun. 20, 2009 23:08:00

Re: Landlord and mold

You say "hired a negligent worker" -- was this an insured, licensed and bonded contractor or handyman or someone else? You state that she was "exposed" to mold, but just because there was mold in the ceiling does not mean she was necessarily "exposed." (Don�t help her prove her case, especially since it is not clear to me there was exposure.) As mold experts will tell you, mold spores are ubiquitous and the problem is not simply a matter of being near mold (particularly where you believe the mold had existed for only 1 to 3 days -- that can be the kind of "exposure" you get when you don't clean your shower for a few weeks). Keep in mind that she will need damages to have a legitimate claim (but some insurance companies will pay off on these types of claims even when the case is very defensible).

Now may be a good time to get together with your attorney to review your business (including, among other things, the management contract and your lease) to make sure you are as protected as you should be.

Anonymous
Reply

Posted on / Jun. 20, 2009 23:08:00

Re: Landlord and mold

You say "hired a negligent worker" -- was this an insured, licensed and bonded contractor or handyman or someone else? You state that she was "exposed" to mold, but just because there was mold in the ceiling does not mean she was necessarily "exposed." (Don�t help her prove her case, especially since it is not clear to me there was exposure.) As mold experts will tell you, mold spores are ubiquitous and the problem is not simply a matter of being near mold (particularly where you believe the mold had existed for only 1 to 3 days -- that can be the kind of "exposure" you get when you don't clean your shower for a few weeks). Keep in mind that she will need damages to have a legitimate claim (but some insurance companies will pay off on these types of claims even when the case is very defensible).

Now may be a good time to get together with your attorney to review your business (including, among other things, the management contract and your lease) to make sure you are as protected as you should be.

Anonymous
Reply

Posted on / Jun. 20, 2009 23:08:00

Re: Landlord and mold

You say "hired a negligent worker" -- was this an insured, licensed and bonded contractor or handyman or someone else? You state that she was "exposed" to mold, but just because there was mold in the ceiling does not mean she was necessarily "exposed." (Don�t help her prove her case, especially since it is not clear to me there was exposure.) As mold experts will tell you, mold spores are ubiquitous and the problem is not simply a matter of being near mold (particularly where you believe the mold had existed for only 1 to 3 days -- that can be the kind of "exposure" you get when you don't clean your shower for a few weeks). Keep in mind that she will need damages to have a legitimate claim (but some insurance companies will pay off on these types of claims even when the case is very defensible).

Now may be a good time to get together with your attorney to review your business (including, among other things, the management contract and your lease) to make sure you are as protected as you should be.

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