Honolulu, HI asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii

Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I get compensated for the damages due to negligence and out of my lease?

1 Lawyer Answer

A: In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing the element of causality, which connects your symptoms to the mold conditions, is more difficult to demonstrate than in ordinary accident cases that involve clear-cut injuries. If it happens to be a general practice firm that also handles landlord-tenant matters, that could result in an economy of investigating and testing necessary for both the personal injury action and landlord-tenant action. Good luck

Tim Akpinar

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