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    Post: Apartment Mold Liability?

    Posted by SickInKS on 3/17/13

    When signing the lease for my new apartment last September,
    there was a paragraph pertaining to no liability on the
    part of the apartment complex in case of my exposure,
    illness, or injury due to poisonous gases, black mold, lead
    paint, amongst other things. I hesitated to initial this
    paragraph because I did not believe it could be legal, but
    was told I could not move in if I did not initial it.
    Having nowhere else to go and all my belongings sitting in
    a rented truck, I initialed the paragraph.

    I have chronic Lyme disease, Babesia, as well as several
    reactivated viruses (ex: Epstein-Barr) which have also
    become chronic due to suppressed immune system.

    I have become sicker since moving into this apartment. I
    will not list my miseries here now, but it has been very

    My Dr suspects that many of his Lyme patients are not
    getting well due to black mold poisoning. I wrote to
    management about my illness and asked if there had ever
    been a problem here with mold; because I was ill, had seen
    water damage in the basement, and my apartment has always
    smelled musty (can't get rid of odor), as well as the
    entire building.

    Management claimed to have looked into this, found no
    problem and 'cleaned' my vents.

    I continue to be ill and have missed a lot of work and am
    ill almost every weekend. I had a complete mycotoxin panel
    done by a reputable specialty lab. I am clearly positive
    for Ochratoxins and Tricothecene (which includes black mold)

    If I have my apartment tested and if it is positive for
    black mold, which I highly suspect it is, because I
    initialed that 'disclaimer' on my lease, is my landlord
    (large corporation!) really held harmless?

    I need to get out of this apartment and out of my lease and
    would like a certain amount of compensation for my miseries
    here, as some have been unbearable.

    At this point, I am not seeking legal action (need to test
    my environment), but only the answer to my question above.

    Thank you for any help anyone can give. SickInKS

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