San Antonio, TX asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Texas

Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold

The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen for any little thing because this mode is becoming a problem and my daughter is getting worse.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here. If, after you give the proper written notice, the landlord fails to correct the mold problem within the proper time, you may be able to invoke your right to hire and pay a mold remediation company to correct the problem, and then deduct that cost from your rent.

In the meantime, you should temporarily find another place to stay with your daughter. While mold does not "cause" viruses, it can cause fungal infections and allergic reactions that exacerbate the symptoms of common viral infections like the flu. Proving a causal link will require medical testing and expert medical opinion from a specialist in that particular field of medicine. That is likely to be expensive and is often inconclusive. One of the more common recommended treatments is to remove yourself from the environment where the mold is. Symptoms from exposure to mold often--but not always--go away within a few days.

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