Tucson, AZ asked in Personal Injury, Real Estate Law, Tax Law and Landlord - Tenant for Arizona

Q: Can I take a tax deduction of a huge loss of belongings from contamination of toxic black mold from an apartment?

Replacement value of my belongings is around 30 - $50,000. Possibly more. There was no insurance. I had my apartment tested, and it came back positive for mycotoxins. the management company would do nothing aside from sending a maintenance man to look stating it was just dust or dirt. This has ruined me financially. I moved into that apartment A year and a half ago last August. The management company gave me the option to either break my lease or move into a new apartment on the complex. I chose to move into a different apartment at the same place. I'm glad I did because after 2 months of being in that highly contaminated space all I did was transfer the contaminated items. I have been extremely ill ever since. After seeing a specialist three months ago I was diagnosed with mycotoxicosis. It was very difficult to find a specialist in my area. it took a year to get an appointment. I would like to sue for my losses for my belongings Health expenses and continued illness.

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: You should be able to. You need to itemize as much as possible--the more detail the better. May be good to consult a cpa.

Peter N. Munsing
Peter N. Munsing
Answered

A: PS--contact a member of the Az Trial Lawyers Assn if you haven't already to see if there is any other liability for this.

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