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Q: How do I find someone to document potential mold-related health problems in my apartment so I have a defense against breaking the lease?

A: I'm not an attorney but can tell you that many lawsuits have been filed by folks in a similar predicament. It appears that there is a responsibility on the part of your apartment's owner to provide a "habitable environment." That includes one that you can actually live in without fear of environmental or health issues.

It's also unclear how someone who laid carpeting on slab-on-grade could have punctured piping in the concrete. (Carpeting isn't usually nailed to concrete!) Regardless, if there is a leak related to a pipe puncture, there may be a liability on the part of the person who caused the problem.

While some attorneys will make an issue of your option - to move out - others will see the landlord's failure to repair the damages as negligence. And that carries a lot of weight in a court of law.

Your best option for documenting the environmental issues would be with the help of an industrial hygienist or similarly qualified professional. Make sure they are knowledgeable on the issues affecting indoor air quality. They would have to investigate the source of the water, define the extent or range of the water damage, and may even want to sample some of the molds or mushrooms.

Scientific research discussing the impact of mold on health is pretty limited at this time. Much more research needs to be done. But if you're coughing and have a sore throat when you're in the house, but don't have those symptoms when you're out of the house, something's up. But it doesn't necessarily mean that mold is your problem.

As for our recommendations, try the following:

    1. Talk with the landlord. Tell him about your concerns for the mold and ask him how soon he can get the leak fixed and the mold cleaned up.

    2. Talk with an attorney. Ask what your rights are as a tenant of the property.

    3. Find a qualified company (or person) to define the scope of the problem and to identify the kinds of mold present in the house.


Travis West is the president of Building Air Quality Inc., a Houston-based indoor air quality consulting firm. He can be reached at twest@baq1.com, or toll-free at 866-367-1177.

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If you have a question for a mold expert, please send it to Brett Lyon, senior editor of construction.com at brett_lyon@mcgraw-hill.com.

 

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