Last updated on April 15, 2025
Florida Toxic Mold Attorney | Water Intrusion & Mold Damage Lawyer
Water intrusions, busted water pipes, roofing damages, defective construction, and even faulty dehumidifiers can all lead to the occurrence of toxic mold from excessive moisture in your home or rental property. The resulting mold can ruin drywall, destroy personal property, and contribute to health concerns. If you’re dealing with mold or water intrusion issues in Tampa, Clearwater, Palm Harbor, St. Petersburg, Jacksonville, or anywhere in Florida, you may benefit from having experienced counsel help you evaluate your options and protect your interests.
At Bernhardt Riley, Attorneys at Law, PLLC, we assist property owners, homeowners, and tenants with mold-related disputes and claims involving water intrusion events, insurance issues, landlord/tenant concerns, and construction-related problems.
What Is “Toxic Mold”?
“Toxic mold” refers to molds that produce mycotoxins, which are naturally occurring toxins produced by certain molds (fungi). Exposure to high levels of these mycotoxins has been known to lead to serious illnesses. Toxic mold is often described as more hazardous than typical mold or mildew growth due to the mycotoxins produced by the mold.
Keep in mind that while mold is often black or green in color, it is usually only identifiable by trained professionals through proper testing. Not all black mold is toxic, and not all toxic mold is black.
Two Common Categories of Mold-Related Claims
There are generally two forms of toxic mold claims:
- Property damage claims – damage to the home, building materials, and personal property caused by mold and moisture intrusion
- Personal injury claims – health-related allegations tied to mold exposure
Because mold cases can be highly fact-specific, the key issues often include the source of the moisture, the timeline of exposure, what repairs or remediation occurred (if any), and what documentation exists.
Water Intrusions and Resulting Damage
Water intrusions can result in catastrophic damages to your home or business when unwanted or undesired water or moisture leaks into the structure and leads to wall damage, structural issues, and damage to property foundations.
Your homeowner’s insurance may be responsible to pay for the cleanup of the water intrusion, the physical damage to your home, and any resulting mold problems. In some situations, claims may also involve alleged personal injuries resulting from mold exposure, including illness or aggravation of an existing illness.
Damages commonly discussed in mold and water intrusion matters may include:
- The cost to remediate the mold
- Any medical care resulting from the mold
- Lost wages
- Replacement cost value of damaged personal property due to mold
- Pain and suffering
Tenant Issues: Mold in Rental Properties
If you are a tenant who has suffered from exposure to mold in a rented condominium, apartment, or house, the facts may involve both habitability concerns and insurance coverage questions. If you have renter’s insurance, the insurance company may be responsible for the cleanup of the water damage, mold, and any damage to your personal property and furniture, and may also be responsible for damages for personal injuries alleged to be caused by the mold (depending on the policy and coverage involved).
Talk With a Florida Toxic Mold Lawyer
Mold and water intrusion disputes often come down to documentation, timelines, and responsibility for repairs. Let the real estate attorneys at Bernhardt Riley take care of your toxic mold issues and water intrusion issues.
Call us at (727) 275-9575 or fill out our online contact form to request a consultation.
Serving Tampa Bay, Clearwater, Palm Harbor, St. Petersburg, Jacksonville, and all of Florida.
Florida Mold & Water Intrusion FAQs
Can I sue my landlord or condo association for mold damage in Florida?
Depending on the circumstances, Florida property owners and tenants may have legal claims against a landlord, condominium association, builder, insurer, or other responsible party for mold damage. The right party depends on the source of the moisture, ownership of the affected area, and what duties were owed.
How do I prove a mold or water intrusion claim?
Mold and water intrusion claims typically depend on documentation: when the intrusion began, who was notified, what was (or was not) done in response, medical or remediation expert reports, and the cost to repair. Preserving evidence and acting promptly are important.
Are mold claims covered by homeowner’s or condo insurance?
Insurance coverage for mold and water intrusion varies significantly based on the policy, the source of the water, and how the claim is presented. Many policies include mold limits or exclusions. We help clients evaluate coverage and pursue claims properly.
Where in Florida do you handle mold and water intrusion cases?
We represent clients in mold and water intrusion matters across Florida from our offices in Tampa, Clearwater, Palm Harbor, and Destin, including condominium-related claims in St. Petersburg, Naples, Orlando, Tallahassee, and other Florida communities.
How quickly should I contact a Florida mold attorney?
Florida law imposes deadlines on property damage and construction-related claims, and those deadlines can be shorter than people expect. Speaking with an attorney early helps preserve your options and your evidence.
