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Mold remediation and the law

Mold Remediation

Mold can be considered as an environmental hazard that thrives in warm, damp places. Mold is common in places such as attics, parts of the building with humidity problems and basements or rooms with poor ventilation. Humidity and lack of ventilation is the main cause of mold growth. These conditions can still appear in different scenarios like faulty plumbing and unattended water spills within or outside the house.

Mold remediation is becoming more necessary in various states. Although there are no specific Mold remediation laws, there are some self-help strategies and landlord responsibilities put in place for mold remediation in Miami and the whole of Florida. Your Insurance Attorney is here to guide you through Mold redemption laws and more.

It’s every Landlord’s duty to handle the mold in their houses since they risk facing lawsuits by tenants who claim that the mold has made them sick. In Florida, there are two-self help strategies approved by the courts that tenants can apply in the case of a mold outbreak. One strategy in Mold remediation and the law in Florida is “Repair and deduct.” Tenants in Florida have the right to repair the damage caused by mold and deduct the cost from the rent.

When thinking about mold remediation and the law, you may want to consider rent withholding. Tenants have the right to stop paying rent when the mold makes the houses inhabitable. Landlords are bound by a legal doctrine that ensures that they offer the tenants a habitable condition. Although there are no laws in Florida about the Landlord’s responsibilities in mold remediation, the Landlord would be risking being heavily fined if the molds happened to cause any harm to the tenants.

Also, if a tenant has caused a huge mold problem, the Landlord is allowed to deduct the cost of removing the mold from the tenant’s security deposit. For this to take place, the tenant should be given at least a 30 days notice. In some cases, the tenants may object, but if they don’t, the remainder of the security deposit should be paid back to the tenant within 30 days.

Insurance claims on mold damage

Both the tenants and landlords should understand the effects of mold not only to them, but also to the mold remediation team. As mentioned above, the Landlord may not always be responsible for compensating you of any damage caused by Molds. This means that you have to find an insurance policy that covers mold damage. With that said, you need a qualified mold damage insurance claims attorney.

The attorney’s job will be to gather evidence of the damage, offering legal service, reviewing the claims adjusters report on your property and filing proof of loss on your behalf. Mold remediation can be very expensive, especially in mold-prone states like Florida. Insurance companies have reduced their risk by reducing the amount of money they will pay for Mold damage.

Mold claims sometimes coincide with causal accident claims. It’s the insurance company’s job to send a mold remediation team to prevent mold from growing in cases such bursting of pipes. Visit our offices in Miami or call us 877-857-5677 for an up-close chat.  

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