Law

Florida Mold Damage Attorney

Exposure to mold can cause irreversible physical harm to people exposed to this material. Normally, growth happens because of water intrusion into a house. The origin or intrusion could stem from an overall lack of upkeep, a distinctive occurrence or a building flaw.

In case you were subjected to or think you might have been subjected to mildew, you might have the ability to pursue recovery from the landlord or tenants’ insurance company, if you’re a tenant. Otherwise, if you’re a homeowner, your homeowners’ policy of insurance can provide protection for your cleanup.

The most common forms of toxic mold include:

1)      Penicillum

2)      Aspergillus

3)      Stachybotrys

Exposure to mold can cause respiratory difficulties and systems very similar to allergic reactions such as headache, red eyes, coughing and even memory loss. If you’re a homeowner, it’s essential that you take steps to stop Mold Damage Lawyer in Florida growth in your house and have the problems remedied immediately if they do arise. If you’re a tenant, your landlord has a duty to fix the problem after you set them on notice of this mould intrusion.

Your Homeowners Insurance

Regrettably, from the State of Florida, we view many insurance claims for mold policy which go denied according to an exclusion rooted from the origin of the mould, water intrusion. Most insurance companies who do provide coverage for mould intrusion try to deny coverage on the premise that the mold originated from a water-loss that was excluded. The methods of entrance for water damage resulting in a coated mold claim are extremely specific. Many times, repeated seepage over time grief is utilized by the insurer to try to prevent coverage. Proof of whether a water intrusion generated mold from recurrent seepage over the years can be extremely random, and it’s been our experience that lots of insurers who have refused a claim on this foundation quickly move to repay mold and water claims which were previously denied on this basis in lawsuit.

As with any insurance coverage, don’t rely upon your own insurer to conduct an objective and impartial investigation of this claim. Maintain a detailed listing of this mould claim for example who visited your house and if. Also, take photos of the mould. Eventually, as with any property insurance coverage, your insurance company may maintain an”impartial” specialist to execute a mold analysis. It’s crucial that you get your own independent analysis or at the least and independent peer review of your insurer’s investigation. If your mould claim was denied or you want a specialist to critique the mold analysis conducted by your own insurer, our office will provide help. Do not allow your insurance company bully you in accepting a denied claim evaluation or low-ball offer.

If You Are A Tenant Dealing With Mold In Florida

If you’re renting from a landlord and your assumptions are insured with toxic mold, then you’ve got a few important rights under Florida law. Your rights are regulated in part by the Florida Residential Landlord and Tenant Act.

Unless otherwise agreed in writing, along with the requirements of subsection (1), the landlord of a dwelling unit Aside from a single-family House or duplex will, at all times during the home, make reasonable provisions :

The extermination of rats, mice, roaches, rodents, wood-destroying organisms, and bedbugs. When holiday of the premises is needed for these extermination, the landlord will not be responsible for damages but will abate the lease. The renter shall be asked to temporarily vacate the premises for a time period not to exceed 4 times, on 7 days’ written notice, if needed, for extermination pursuant to the subparagraph.