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
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.