Reidsville, NC asked in Landlord - Tenant for Virginia

Q: my sister rents a small home in Virginia. The ceilings in 2 rooms have collapsed with black mold and asbestos

the ll has collected insurance but has not fixed the rooms, clothes and all bedroom items still in there can't get in the room, what can they do?

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1 Lawyer Answer

A: If your sister has renter's insurance, she should call them to make them aware of the issue and file a claim for the property ruined in the collapse. Delaying a call to them may adversely affect her ability to make a claim. If the collapse was due to the negligence of the landlord, she may have a claim of negligence, but without more information, its impossible to know. Black mold and asbestos are both severe health risks it would be prudent for your sister to take immediate action to protect her health and that of her family. That may even mean moving out. Her lease will have language on how to proceed if the house is unlivable and if there is genuinely asbestos, then she may have good reason to terminate her lease. As for the asbestos and black mold “injuries,” she really does not have a cause of action unless these issues have already caused health problems. If they have, she should seek appropriate medical treatment and speak with a personal injury attorney near her.

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