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
Answered
  • 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.

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.