Toxic mold suit hinges on testing

Law of the Land

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In the case Holland v. W.M. Realty Management Inc., the tenant (Holland) lived in an apartment building managed by W.M. Realty Management, and claimed to have become ill due to toxic mold in the apartment. About seven months after first complaining of the mold problem to the property manager, the tenant vacated the apartment.A couple of weeks after moving out, and after the property manager conducted mold remediation in the unit and building, the tenant's attorney sent an industrial hygienist to collect mold samples from the unit the tenant had previously occupied. Testing of the mold samples indicated contamination. At trial, the property manager requested that the tenant produce the tested samples. The tenant's representatives had misplaced the wood sample, but argued that their inability to produce the sample did not impact the property manager's rights, as the testable shelf life of the sample was only six months and the property manager's demand came more than four y...