PEMBROKE PARK, Fla. – Mold is a concern for renters, especially during South Florida's steamy spring and summer months.
"I moved the blinds in the kitchen and that's when I saw the mold," Gloria Coleman told Local 10 News reporter Christina Vazquez.
Coleman had yet to move into the unit when she said she spotted mold in the tracks of the window.
Having just moved here from out of state, Coleman had secured the apartment sight unseen, plunking down more than $7,0000.
She hired a licensed mold assessor who found that surface sampling from the window confirmed elevated mold levels.
At this point Coleman, who said she has already felt ill and had reached an impasse on her desired resolution to be let out of the lease so she could take her money and move somewhere else, called Christina for help.
The Call Christina team contacted the property manager on her behalf. After that, Coleman said she received notification that the Parkland property owner would let her out of her lease and refund her the money spent to date on deposits and rent.
A recurring question in the Call Christina hotline when it comes to mold, is whether you can stop paying rent at the first sight of it.
"That's the number one misconception," Rebecca Schram from Legal Services of Greater Miami said. "The majority of evictions we see is the non-payment of rent."
Schram said your first step is to give notice to the landlord or property manager in writing. She also recommends you keep a copy of that letter.
"You give them a letter saying you need to correct these problems within seven days or I am going to with withhold my rent -- that they are legally entitled to do," Schram said. "You need to save your rent because the court is going to ask you, 'Well, I understand you have these conditions, but where's the rent?' You should still have the rent even if you have these conditions issues because the court is going to ask where that rent went."
She said you also want to have it in the event there is an order to deposit.
You also want to document the problem to include pictures and video.
"What a lot of tenants say is, 'Hey, I've been complaining about this for years, for months,' and they have no proof of that -- just alleging conditions. You really want to attach documentation," Schram said. "You have to respond in this way or you don't see a judge at all."
The Call Christina team checked with Miami-Dade County officials who explained that the county does not enforce mold.
"In the course of investigating complaints, try to find the possible cause and advise tenant/owner to fix it," Department of Regulatory and Economic Resources spokeswoman Tere Florin said.
On a state level, Aaron Keller, spokesman for the Florida Department of Agriculture and Consumer Services, told Call Christina that if a consumer files a complaint, "We can mediate with the company on their behalf."
A representative for the Florida Department of Business and Profession Regulation (DBPR) told Local 10 News:
"The Division of Hotels and Restaurants’ enforcement authority is limited to matters affecting the complex as a whole and does not extend into individual apartment units. Specific landlord and tenant responsibilities, including apartment maintenance and pest control, are listed in the lease and governed by Florida law (Chapter 83, Part II, Florida Statutes). Landlord-tenant disputes must be resolved in a civil court. The Division of Hotels and Restaurants does not have the authority to inspect inside non-transient apartments for mold."
Related Links:
Mold Prevention and Removal Strategies
DBPR: Mold-Related Services Licensing Program
According to Christopher P. Hackett, senior director of the personal lines policy for Property Casualty Insurers Association of America, coverage for mold depends on the source of the mold.
"If the mold originates from flood damage, there probably won't be coverage. If the mold originates from a broken pipe behind the wall, there may be coverage," he said. "Many insurers will have a limit in their policy for mold remediation (e.g., $15,000). Some carriers may offer higher mold coverage limits for an additional premium. A renter's policy covers the tenant's personal property. So mold damage to their personal property may be covered. However, mold removal from the apartment building itself would be the responsibility of the landlord. The landlord may (or may not) have coverage for mold under the landlord's insurance policy."
If you have a legal question about mold you can give Legal Services of Greater Miami a call.
Main Office (Serving Miami-Dade County North of Kendall Drive)
Phone Number: (305) 576-0080
Address: 3000 Biscayne Blvd. Suite 500
Miami, FL 33137
Walk-in Hours:
Monday-Thursday
9:00am – 12:00 pm
South Dade Law Center (Serving Miami-Dade County South of Kendall Drive and Monroe County)
For Residents of South Dade:
Phone Number: (305) 576-0080
Address: 11285 SW 211 Street, Suite 302
Miami, Florida 33189
Phone Intake Hours:
Monday-Thursday
1:30pm – 4:30pm