Court Reverses Summary Judgment for Landlord Accused of Concealing Mold

DALLAS - A Texas appeals court has reversed an award of summary judgment to a landlord accused of failing to disclose the existence of mold in a property rented by a family that claimed it was stricken with serious mold-related illnesses after occupying the property. Caldwell v. Curioni, No. 05-03-00135 (Texas. App. Ct., Fifth Dist.).

In a decision issued Jan. 7, the Fifth District Court of Appeals ruled that the lessee plaintiffs presented sufficient evidence indicating that the landlord owed a duty to inform them of potentially dangerous mold-related conditions on the premises. The appeals court further determined that there …