Prince George resident files lawsuit against apartment management over mold

Lauren Stephenson, wearing a mask to protect her face, pointed out the new wood that was installed along the baseboards of her kitchen cabinetry. This is one of many spots in her apartment located at Jefferson Pointe, Prince George County, where black mold had been growing. Other spores were found inside cabinets, on windowsills, and at the entrance to her home. Along the ceiling, signs of water leakage were visible.

A lawsuit Stephenson filed with the assistance of an ex-legislator in Virginia focuses on the persistent mold spores and the apparent failure of the apartment management to remediate the situation. The suit highlights how the state law protects residents from conditions that are harmful to their health.

She said that she has had breathing problems all her life. The onset of chronic migraines, breathing problems and flu-like symptoms in December last year, as well as skin rashes and a rash on her son Brycen, prompted her to visit a specialist and hospital.

She said that as an infant, he could not tell her when something was wrong. The fact that he is sick with her “really bothers” her, she said.

A pulmonologist confirmed the mold exposure through testing. Stephenson had to move into her parents’ home despite filing work orders, sending notices to the rental property office about her mold diagnosis and filing other notifications. She said she still pays $1,300 in rent per month.

She has now filed a suit. Tim Anderson, a former Republican state delegate, is Stephenson’s attorney. The case was filed in Prince George County Circuit Court and seeks a trial.

The Florida real estate firm that supervises Stephenson’s property management on-site declined to comment about the litigation.

In the filing, Stephenson describes how she sent a request for work to her landlord early in December asking if anything could be done regarding mold that she had spotted at her house. According to the filing, no action was taken before February when Stephenson reported that her baseboard under her kitchen sink had rotted due to water damage. She also saw black mold behind that baseboard.

In the case, Virginia state law is cited, the Virginia Landlord Residential and Tenant Act. This act outlines rights and obligations of landlords and tenants in Virginia. It requires landlords to remediate mold reports promptly using the professional standards and guidance documents published in various U.S. housing, health and environmental departments. The tenants are supposed to get copies of the paperwork related to remediation.

Instead, Anderson said that “They literally boarded over the black mould, as if ‘ah problem solved’.”

Kilz primer was also used to paint the apartment walls. This is done in order to prevent mold growth.

Stephenson had left her apartment on the advice of her doctor. Stephenson claimed that she tried to break her contract early by sharing a note from her doctor with her landlord.

It is unclear whether the mold remediation performed at Stephenson’s apartment was done by a company that holds such certification. Virginia Consumer Protection Act, signed in 2013, makes it illegal to offer or sell services as professional mold remediators to residential dwellings without certification by the Institute of Inspection, Clearing and Restoration Certification.

Stephenson says she is “grateful’ that her home was unsafe. Medical bills and paying rent for a house she cannot live in are a problem. She would not be able afford to pay for another apartment and her current one.

In her lawsuit, she is seeking $2 million in compensatory damage, legal fees, and reimbursement of rent paid between March, April, and May this year.

Stephenson wonders, given the signs of water and mold damage that she experienced, if her neighbors are experiencing similar issues and where the source of mold may be.

She said, “I feel bad for other people who are suffering the same as I am.” “We don‘t deserve to spend thousands of dollars on living in a toxic environment for our health .”

Residents in Virginia have been concerned about mold in the past few years. This includes Virginia Beach, Herndon, and Henrico County. Tenants who believe they are living with mold can contact their apartment manager. They can also find out more information by contacting the Virginia Office of the Attorney General’s Office of Consumer Protection, at 1-800-552-9963 or 804-786-2042.