Can You Sue Your Property Manager Over Mold Issues?

5/11/2022 (Permalink)

Can You Sue Your Property Manager Over Mold Issues?

If your business in Maple Grove, MN recently suffered from fungus growth, you probably have filed mold insurance claims with both your own insurer and the landlords. After all, your policy probably initiated cleanup procedures, and the building's policy may have aided in paying off the structural repairs. This overall process is tedious, long and expensive. In fact, depending on your coverage, you may have suffered more than your deductible. You may have faced months of lost revenue, hurting your company's ability to survive. At this point, you may wonder whether you can sue your property manager for failing to provide adequate space. It might be possible. Here are a few things to consider.

1. What Were the Damages?

The mold remediation company should conduct an inspection, looking for the origin of the contamination. Spores multiply when they come into contact with water, so if a leak occurred it could cause the problem. Make sure the plumbing and roofing is examined, and consider why a problem occurred in the pipes or the shingles. Document everything because the source of the issue is significant to your lawsuit.

2. Who Is Responsible?

When mold insurance claims are considered, the companies need to understand if anyone was at fault or neglected duties. Property managers, for instance, have an obligation to protect the building and those that use it. Lawsuits might be feasible if you can prove any of the following occurred:

• The property manager ignored the initial issue
• Management was aware of faulty equipment or parts
• Property management made choices that endangered tenants
  
  

3. Was Prevention Encouraged?

How much effort did managers put into maintaining the property? Routine inspections could prevent fungus growth and a mold claim. Roof specialists and plumbers should come in once or twice a year, looking for small leaks in piping and shingles.
Mold insurance claims are expensive. If you think that a lawsuit is possible, consider whether your landlords or owners failed to repair something in a timely manner or keep your employees safe. You would need to prove negligence or endangerment.