Salem, OR asked in Personal Injury for Oregon

Q: My apartment water leak for 8 months and so much mold now it has caused my partner to stay in hospital a week

So after the maintenance person not certified fixed the water leak the walls carpet and wood never got replaced my boyfriend was sent to hospital due to an infection on his foot the doc said mold had the most part to do with the infection my boyfriends foot got swollen and two of his toes got REALLY bad he has been in hospital for a little over a week my son has the same problem on his bottom and myself under arm pit the nurse said we should get a lawyer because of them not removing the wet carpet or walls with mold I have lots op pictures to show how bad it is now we have roaches and the manager and owner have been told by city of Salem to take care of it 6 months ago and it’s getting worse what can we do

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1 Lawyer Answer
Jina Ly Clark
Jina Ly Clark
Answered
  • Portland, OR
  • Licensed in Oregon

A: An article on the level of proof needed here:

https://www.clarklawportland.com/other-areas-of-law/landlordtenant/mold/

You have a 1-year statute of limitations in the state of Oregon for all claims. If this is an ongoing issue, you can only go back one year under the landlord-tenant act, which allows attorney fees for the prevailing party. You also have negligence claims; however, there is no attorney fee provision available under the theory of negligence.

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