Mold isn’t just an unsightly nuisance—it can lead to serious health problems, especially for young children, seniors, and anyone with respiratory conditions. Mississippi’s humid climate, combined with poorly maintained rental units, often creates the perfect environment for dangerous mold growth in apartments.
If you’ve experienced chronic health issues, property damage, or unsafe living conditions due to mold exposure, you may be wondering: “Can I sue my landlord or property manager for mold in my apartment?”
The answer depends on several factors, including the severity of the mold, whether your landlord was aware of the issue, and what steps (if any) they took to fix it. At Barrett Law, PLLC, we’ve helped tenants across Mississippi hold negligent landlords accountable and recover compensation for illnesses and damages caused by mold exposure.
Attorney Jonathan Barrett, a Mississippi apartment injury lawyer with decades of experience, is here to explain how mold-related injury claims work, what Mississippi law requires from landlords, and how you can protect your health and legal rights.
Understanding Mold Exposure in Mississippi Rental Housing
Mold exposure often occurs silently over weeks or months, especially in older apartment complexes or buildings with a history of water damage. The most dangerous forms of mold, including black mold (Stachybotrys chartarum), can cause a range of health issues:
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Chronic coughing or sneezing
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Sinus infections and sore throats
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Headaches and dizziness
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Skin rashes
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Eye irritation
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Worsening asthma or allergies
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Respiratory infections and fatigue
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Severe illness in immunocompromised individuals
For tenants in Mississippi, mold issues are especially common due to frequent rain, poor drainage, flooding, and warm temperatures. But landlords have a legal duty to address mold issues promptly and responsibly.
When Mold Becomes a Legal Matter
While not every mold issue leads to a lawsuit, landlords who ignore or cover up toxic mold problems—especially after being notified—may be liable for resulting health problems and financial harm.
You may have a valid claim if:
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You repeatedly complained to your landlord about water leaks, mold, or musty odors
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The landlord failed to inspect, fix leaks, or clean affected areas
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Mold spread due to neglected maintenance (e.g., leaky roofs, broken plumbing)
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You developed respiratory or other health issues linked to mold exposure
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The mold made your apartment uninhabitable
At Barrett Law, PLLC, we can help investigate whether your landlord’s negligence caused your illness or property loss—and determine whether legal action is appropriate.
Who Can Be Held Responsible for Mold Exposure?
Depending on the situation, several parties may be held liable for injuries caused by mold in an apartment:
1. Property Owner or Landlord
Mississippi landlords are responsible for ensuring rental properties are safe, habitable, and free from health hazards. If they fail to address mold issues or ignore tenant complaints, they may be liable for resulting injuries and property damage.
2. Property Management Company
If a third-party manager was responsible for inspections, repairs, or maintenance and failed to correct the mold problem, they may also be held accountable.
3. Maintenance or Repair Contractors
If a mold issue was made worse by a poorly executed repair (e.g., incomplete plumbing work), the contractor may share liability.
4. Building Owners or Investors
In multi-unit complexes, the owners or corporate entities behind the development may be held liable for ongoing maintenance failures or health hazards impacting tenants.
Legal Obligations Under Mississippi Law
While Mississippi does not have a statewide mold-specific statute, tenants are still protected under broader housing laws.
Implied Warranty of Habitability
Mississippi landlords must provide habitable rental units—which includes addressing:
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Water intrusion and leaks
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Ventilation issues
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Mold outbreaks
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Unsafe or unhealthy living conditions
Mold can render a unit legally uninhabitable, giving tenants the right to seek:
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Rent reductions or reimbursement
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Termination of lease
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Compensation for health costs and damages
Negligence Law
If a landlord knew or should have known about a mold hazard and failed to take timely, reasonable action, they may be liable under Mississippi’s negligence law for injuries or losses sustained by tenants.
Who Is Affected and Why It Matters
Common Victims
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Tenants with asthma, COPD, or immune system issues
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Young children exposed to mold spores over time
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Elderly residents in poorly ventilated units
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Pregnant women at risk for health complications
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Families forced to relocate due to dangerous living conditions
Even healthy adults can develop long-term respiratory problems or allergic reactions due to toxic mold exposure.
Barrett Law, PLLC works with tenants and their families to build strong claims for compensation—including medical expenses, lost income, pain and suffering, and, where appropriate, punitive damages.
What to Do If You Suspect Mold in Your Apartment
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Document the Mold
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Take photos and video of visible mold, leaks, stains, or damage.
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Save copies of emails or texts to your landlord reporting the issue.
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Seek Medical Attention
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Tell your doctor about your living conditions.
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Keep records of diagnosis, treatment, and medications.
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Request an Inspection
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Ask your landlord to conduct a professional mold inspection.
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If they refuse, consider hiring your own mold expert and air quality tester.
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File Written Complaints
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Always report mold in writing.
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Demand written confirmation of what will be done and when.
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Avoid DIY Cleanup
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Cleaning mold improperly can spread spores and make exposure worse.
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Let licensed mold remediation professionals handle it safely.
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Speak with an Attorney
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A qualified apartment injury lawyer can explain your rights and evaluate whether you may be entitled to compensation.
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Frequently Asked Questions
Can I sue for health problems caused by mold in my apartment?
Yes. If your landlord failed to address known mold issues and you became sick as a result, you may have a viable personal injury claim under Mississippi law.
What kind of compensation can I receive in a mold lawsuit?
You may be entitled to recover damages for medical bills, lost wages, emotional distress, damage to personal property, and even punitive damages in extreme cases.
Is my landlord required to test for mold?
Mississippi law does not require landlords to test for mold, but they are required to address leaks, water damage, and health hazards. If mold is visible or suspected, ignoring it may constitute negligence.
Can I break my lease if mold is making me sick?
Yes. If your apartment is uninhabitable due to mold and your landlord refuses to act, you may be able to legally terminate your lease. However, speak with an attorney first to protect yourself.
What if I didn’t know about the mold until months later?
Many tenants discover mold only after becoming ill. You may still have a valid claim, especially if the landlord failed to maintain the property or concealed the problem.
Can I sue if my child developed asthma from mold exposure?
Yes. Children are especially vulnerable to mold-related illnesses. Barrett Law, PLLC can help you build a case and demand compensation for current and future medical care.
Do I need to prove the mold caused my illness?
Yes, and that’s where legal help matters. We work with doctors and environmental specialists to connect your symptoms to the mold and demonstrate your landlord’s responsibility.
Can renters insurance help with mold damage?
Renters insurance might cover some personal property losses, but it usually excludes mold-related injuries. A legal claim against the landlord is often your best path for full recovery.
What if the mold came from a neighboring unit?
If water damage or mold originated from another apartment, the landlord is still responsible for ensuring your unit is safe and habitable.
Is there a time limit to sue for mold exposure in Mississippi?
Yes. The general statute of limitations for personal injury or property damage in Mississippi is three years, but don’t wait—evidence may degrade over time.
Harmed on an Apartment Complex in Mississippi? Call Mississippi Apartment Injury Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
Toxic mold exposure is a serious health and safety hazard—and no one should be forced to live in unsafe conditions because a landlord failed to act. At Barrett Law, PLLC, we help Mississippi tenants hold property owners and managers accountable for mold-related injuries and losses.
Whether you live in Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, or anywhere in the state, we are ready to help you fight back and recover what you’re owed.
📞 Call (601) 790-1505 anytime—24/7/365—for your free consultation. Let us help you protect your health, your rights, and your future.
