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Do we have any recourse if our landlord failed to fix our mold problem?

Asked by user in Washington.

Our landlord has harassed us and tried to evict us. My son’s appendix burst, I developed Crohn's disease, and my wife can’t work. We think it was the mold.

Answered by Enjuris Editors:

I’m so sorry all of this is happening to you.

In Washington, a landlord has 24 hours to begin repairing a dangerous condition that is an imminent hazard (RCW 59.18.070(1)). In all other cases, the landlord has 10 days to begin making repairs (RCW 59.18.070(3)). What’s more, a landlord is prohibited from taking retaliatory action (harassment, eviction, etc.) in response to a request to repair a dangerous condition (RCW 59.18.250).

If your landlord failed to remedy the mold problem, and the mold caused your health problems, you may be able to sue your landlord for damages. Keep in mind that it might be difficult to prove that the mold—and not something else, such as your genes or another environment—caused your health problems.

I would recommend meeting with a landlord-tenant attorney in your area. Most initial consultations are free. The attorney will be able to review the details of your case and steer you in the right direction. If you think you may qualify for free or reduced-cost legal help, I would recommend reaching out to the Washington State Bar.

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