Property Owners Can Be Sued Because of Mold Damage

4/10/2019 (Permalink)

One issue that is too often ignored is the problem of mold and the damage it can cause.

Property Owners Can Be Sued Because Of Mold Damage

In this modern world, there are many issues facing property owners each and every day. Between building insurance, renovation permits, work safety concerns, and angry tenant parking problems, the landowner may feel pulled in multiple directions at once. One issue that is too often ignored in Olathe, KS is the problem of mold and the damage it can cause. Not surprisingly, there have been lawsuits against businesses and contractors because of mold infestations, which is why you shouldn’t wait until you have to make mold insurance claims to address your tenant’s fungus concerns.

Liability

The courts have held that tenants, employees, and customers can hold businesses liable for damage or injury from mold. Past mold claim suits have included the liability of contractors, engineers, architects, property managers, and landlords. While it is well known that buildings can develop mold problems in the dark recesses of storage areas, machine rooms, or basements, when the building owner first becomes aware that mold is an issue, he or she can then become liable. Problems can include:

• Inattention to a potential problem
• Improper installation of materials
• Wrong materials installed
  

Even though your tenants make mold insurance claims, there are still other difficulties the landlord or property owner can face due to mold and its damage.

Habitability

The law states that your tenants have a right to expect their work or living spaces to be habitable. Although the term “habitable” can be considered a gray area, when tenants are able to see areas of rampant fungus growth, the courts say the building may not be habitable, and the landlord may be responsible for mold remediation and property reconstruction.

While placing mold insurance claims may help you recoup losses for building renovations, insurance monies are not available for lawsuits based on habitability or liability issues due to mold. Why not be proactive and have your building supervisors check for mold, leaky pipes, and mildew problems every month?