Mold is a common problem in many homes and apartments, and it can cause a variety of health problems, ranging from minor allergies to more serious respiratory issues. If you're a Maryland tenant who has been exposed to mold, it's important to understand your rights and the legal options available to you.
In this article, we'll explore some of the causes of action that Maryland tenants can use to seek compensation for mold exposure. We'll also provide some examples to help illustrate these concepts.
One cause of action available to Maryland tenants who have suffered mold exposure is breach of lease. Under Maryland law, landlords have a duty to provide safe and habitable living conditions for their tenants. If a landlord fails to address a mold problem, they may be in breach of this duty.
For example, imagine that you're renting an apartment in Baltimore. You notice that there's a musty smell in your unit, and you start experiencing allergy symptoms. You report the problem to your landlord, but they don't take any action to address the mold. In this case, you may be able to file a lawsuit for breach of lease.
Another cause of action available to Maryland tenants is constructive eviction. This occurs when a landlord's actions make it impossible for a tenant to continue living in a property. In the case of mold exposure, a tenant may argue that the mold has made the property uninhabitable.
For example, imagine that you're renting a house in Montgomery County. You discover that there's mold growing in the walls, and you start experiencing respiratory issues. You inform your landlord about the problem, but they don't take any action to address it. In this case, you may decide to move out of the property and file a lawsuit for constructive eviction.
A third cause of action available to Maryland tenants is intentional misrepresentation. This occurs when a landlord intentionally conceals the existence of mold in a property and misrepresents its condition to the tenant. The tenant may argue that the landlord had a duty to disclose the existence of mold, and their failure to do so caused the tenant harm.
For example, imagine that you're renting a condo in Silver Spring. You ask your landlord if there are any issues with the property, and they assure you that everything is in good condition. Later, you discover that there's mold growing in the walls, and your landlord admits that they were aware of the problem before you moved in.
In this case, you may be able to file a lawsuit for intentional misrepresentation.
Finally, Maryland tenants may be able to file a lawsuit under the Consumer Protection Act (CPA) if their landlord makes false or misleading statements about the condition of a property. The tenant may argue that the landlord's misrepresentations amounted to unfair or deceptive trade practices, which violated the CPA.
For example, imagine that you're renting a townhouse in Annapolis. You ask your landlord if there are any issues with the property, and they assure you that it's in good condition. Later, you discover that there's mold growing in the walls, and your landlord admits that they were aware of the problem before you moved in. In this case, you may be able to file a lawsuit under the CPA.
Mold exposure can be a serious health hazard, and it's important for Maryland tenants to understand their rights when it comes to addressing this problem. Whether you decide to pursue a lawsuit for breach of lease, constructive eviction, intentional misrepresentation, or violation of the CPA, it's important to consult with an experienced attorney who can help you navigate the legal system and seek the compensation you deserve.
Remember, as a tenant in Maryland, you have legal rights and protections, and you don't have to suffer in silence if your landlord has failed to provide you with safe and habitable living conditions.
