Can I sue my landlord for mold exposure in Fairfax, VA?

Yes. If your landlord failed to fix mold issues or water leaks that caused you or your family to get sick, you may have a valid legal claim under Virginia's toxic tort and landlord-tenant laws.

What are the symptoms of mold exposure in rental homes?

Common symptoms include coughing, sneezing, asthma flare-ups, sinus infections, rashes, itchy eyes, fatigue, and in some cases, serious respiratory issues or neurological symptoms.

Does my landlord have to tell me about mold in my apartment?

While Virginia law doesn’t require landlords to disclose mold unless asked, they are responsible for providing safe, habitable housing. If they know about mold and don’t fix it, they can be held legally liable.

What should I do if I see mold in my rental unit?

Notify your landlord in writing immediately and document the mold with photos. Keep records of your communications and seek medical attention if you're feeling sick.

How can I prove mold is making me sick?

You don’t have to do it alone. I work with environmental and medical experts who can help link your symptoms to mold exposure and build a strong legal case.

Is black mold more dangerous than other types?

Yes. Black mold (Stachybotrys chartarum) produces mycotoxins that can cause severe respiratory and immune system problems, especially in children, the elderly, and those with compromised immune systems.

What is the landlord’s legal responsibility for mold in Virginia?

Landlords must maintain rental properties in a safe and habitable condition. If they ignore leaks, humidity, or mold and it harms tenants, they can be held liable for negligence and breach of duty.

Can I break my lease because of mold?

Possibly. If mold makes your home uninhabitable and your landlord refuses to fix it, you may have grounds to terminate the lease legally. Consult an attorney before taking action.

What damages can I recover in a mold exposure lawsuit?

You may recover compensation for medical bills, lost wages, moving expenses, property damage, pain and suffering, and the cost of future treatment related to mold-related illness.

How long do I have to file a mold-related claim in Virginia?

In most cases, Virginia allows two years from the date you knew or should have known about the injury. However, earlier action improves your chances of success.

Can I sue if my child got sick from mold in our apartment?

Yes. Children are especially vulnerable to mold exposure. You can bring a claim on their behalf to recover medical costs, damages for suffering, and long-term care needs.

Is my landlord responsible for hidden mold behind the walls?

If the mold was caused by conditions the landlord failed to maintain—like leaks, poor ventilation, or untreated water damage—they can still be held accountable, even if the mold wasn’t visible.

Can I sue my landlord without moving out first?

Yes. You can remain in your home while pursuing legal action. If it’s unsafe, your case may also include relocation or temporary housing expenses.

Can more than one tenant sue for mold exposure?

Yes. If multiple tenants in the same building were exposed to mold, it may strengthen the case. I can represent groups or individual tenants in these situations.

How can I get help from Shin Law Office for a mold case?

Visit https://shinlawoffice.com/meet-our-team/contact/ to schedule a consultation. I’ll listen to your story, explain your options, and help you take legal action to protect your health and home.

Fairfax County Mold Exposure Personal Injury Toxic Tort Litigation

Residential Mold Infestation in Fairfax: Can You Sue a Landlord for Exposure?

by ShinLaw

By Anthony I. Shin, Esq. | Personal Injury | Toxic Torts | Shin Law Office

Suing Landlord for Mold Fairfax VA | Residential Toxic Tort Lawyer

If your rental home or apartment in Fairfax, Virginia smells musty, has water stains, or keeps making your family sick, you’re not imagining things.

I’ve handled enough of these cases to know that residential mold is a serious issue.

It’s more than just a foul smell or a dirty wall.

It’s a health hazard—one that your landlord is legally obligated to fix.

But too often, tenants are ignored, blamed, or even threatened with eviction when they speak up.

That’s where I come in.

Mold Is a Hidden Danger in Fairfax Rentals

Mold grows fast when there’s moisture, and that can happen from something as small as a leaky pipe, a poorly sealed window, or a broken HVAC system.

I’ve seen cases where black mold was growing behind walls, under carpets, and even inside the air ducts.

One of my clients lived in an apartment with a recurring ceiling leak. The landlord patched the paint but never fixed the source.

Over time, her young son developed chronic asthma and nosebleeds.

Tests revealed black mold in the drywall, and once we brought in experts, the full extent of the contamination was clear. We filed a claim, and she got justice.

Landlords Must Provide Safe, Habitable Housing

Under Virginia law, landlords have a legal duty to provide safe, livable conditions.

This includes preventing and promptly repairing mold-causing issues.

When they don’t—and people get sick—they can be held liable under toxic tort law.

Mold exposure in a rental can cause:

Breathing problems or asthma flare-ups
Sinus infections or nosebleeds
Headaches or fatigue
Itchy eyes and skin rashes
Developmental issues in young children
Worsening health for elderly or immunocompromised tenants

Yes, You Can Sue Your Landlord

If you’ve reported mold and your landlord did nothing—or gave you excuses while your health got worse—you have legal options.

I help tenants file toxic tort claims, recover damages, and get the safe housing they deserve.

You don’t need to move out or prove everything on your own.

I work with environmental professionals, doctors, and tenant rights advocates to build a strong case and fight for your family’s well-being.

Let’s Talk About Your Situation

If you’re living in moldy conditions in Fairfax and your landlord isn’t listening, let’s change that. I’ll help you hold them accountable, protect your health, and take legal action if needed.

Call Shin Law Office at 571-445-6565 or book online today!

— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office