New York and New Jersey premises liability laws protect tenants from living in unsafe apartments. Rent is expensive in the greater New York City area, and as a tenant you should be entitled to a safe place to live in exchange for your rent check. You should not be subjected to conditions, such as mold, lead paint and asbestos, which can make you sick and endanger the welfare of your family.
What to Do if You Suspect a Toxic Substance
If you suspect that mold, lead paint or asbestos is present in your apartment, then you should take the following steps to protect your health:
Talk to your landlord. Show your landlord what is causing you concern, and ask if it has ever been tested for the presence of a toxic substance.
Take pictures of the areas in question. Also, save samples of the mold, paint or other substance in question.
Make sure that reliable tests are conducted to determine whether a toxic substance is present.
Move out until the problem is fixed.
Ask for documentation and follow up tests if the landlord claims to have fixed the problem.
If You or a Loved One Have Been Hurt by a Toxic Substance
If you have been hurt or a loved one has been killed by a toxic substance in a rented apartment, then you may be entitled to legal damages. If the owner or management company of your apartment knew or should have known about the problem and failed to keep you safe, then you may be entitled to damages for medical expenses, out of pocket expenses (such as the cost of living elsewhere while your apartment was uninhabitable), lost wages, and pain and suffering.