Q: Can we sue for black mold? If so, how do we get a fair trial?
Our landlord own many properties, and my roommate has serviced many of them (he's a plumber and handyman in the community). In every single one of her units, there is most definitely black mold among a laundry list of other concerns and issues that do not meet code.
The fact that she has no regard for the properties she is allowing to be occupied and seems to have zero intent of fixing said properties is total neglect and slumlording.
The next issue is that she is very highly regarded in the community and has most of the judges in her pocket, so how do we get a fair chance to not get crushed by her for trying to have her held accountable?
We live in TX.
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A:
In Texas, tenants have the right to live in a habitable rental unit, which includes the right to be free from health hazards like black mold. If your landlord fails to address the mold issue after being properly notified, you may have grounds for legal action.
Here are some steps you can take:
1. Document the issue: Take photos of the mold, and keep records of any communication with your landlord about the problem.
2. Notify your landlord in writing: Send a certified letter detailing the mold issue and requesting that it be addressed within a reasonable timeframe.
3. Consider contacting local health or housing authorities: They may inspect the property and issue citations, which can support your case.
4. Consult with a tenant rights attorney: Look for attorneys who specialize in tenant rights and have experience dealing with mold cases. Many offer free initial consultations.
To ensure a fair trial:
1. Gather strong evidence: Photographs, health reports, and official citations from local authorities can help substantiate your claims.
2. Find an experienced attorney: A skilled lawyer who knows how to navigate the local legal system can help level the playing field.
3. Request a change of venue: If you believe local judges may be biased, your attorney can file a motion to have the case heard in another jurisdiction.
4. Consider a jury trial: Juries may be less likely to be influenced by the landlord's local reputation.
Remember, Texas law prohibits landlords from retaliating against tenants who exercise their legal rights. If your landlord tries to evict you or takes other adverse action after you complain about the mold, you may have additional legal recourse.
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