Dampness and Mold in an Apartment: How to Claim Against the Contractor

Have you found damp stains on walls, mold in a corner of the room, or plaster peeling after rain? These are not merely aesthetic defects. Dampness and mold in an apartment are construction defects that the contractor is obligated to remedy at his own expense. Lev-Taieb Law Firm, with 19 years of experience and a 99.8% success rate, explains your rights and how to proceed correctly. Call us: 072-2428822.

Why Are Dampness and Mold Construction Defects?

Dampness in an apartment generally results from underlying construction failures: improper waterproofing of roofs, balconies, or external walls; failures in the residential safety room (mamad) and stairwells; defects in plumbing; condensation caused by inadequate thermal bridging; or insufficient building drainage. These are not “acts of God” but direct consequences of faulty workmanship, defective materials, or non-compliance with required construction standards.

The Sale Law (Apartments) explicitly provides that the contractor is responsible for waterproofing of roofs, balconies and stairwells for three years from handover. Plumbing defects are covered for at least one year, and in certain cases the period is longer if a structural defect is involved.

Common Causes of Dampness in New Apartments

Roof waterproofing failure: if performed unprofessionally or with inferior materials, every heavy rain will cause water to seep into the apartments. Failures in mamad and stairwell: a specific waterproofing is required for them, and failure leads to dampness in adjacent walls. Plumbing defects: leaks in water pipes, sewage, or taps can cause internal wall dampness invisible to the eye until the damage has already spread. Insufficient drainage from the building: water that is not properly drained from the building can seep through the foundations and cause dampness in the lower floors.

Health Risks of Mold

Mold is not an aesthetic issue. Mold spores released into the air that are breathed in are hazardous to health, especially for children and those with weakened immune systems. Prolonged exposure to mold is associated with respiratory diseases, asthma, bronchitis, allergic reactions, skin rashes, eye irritation, chronic headaches and fatigue, and in serious cases severe respiratory problems. Children, the elderly and people with compromised immune systems are at particularly high risk. This is an additional reason to act quickly and not wait for the problem to “sort itself out.”

How to Properly Document Dampness and Mold

Proper documentation of the defects is critical for claim success. Photograph clearly all areas of dampness and mold, with date and caption identifying the location in the apartment. Document the connection to rain events — keep records of the date dampness appeared in relation to weather events. Save photographs over time: dampness often worsens over time; photographs showing the progressive spread of damage reinforce the argument that it involves a continuing defect and not a one-off occurrence. Request an expert opinion from a qualified engineer who will diagnose the source of the dampness and estimate repair costs. This is the basis for every successful claim.

Process for Dealing with the Contractor

First step: notify the contractor in writing of the defect — specify the location of the dampness, when it appeared, and what type it is. Send the notice by registered mail and email. Second step: give the contractor an opportunity to inspect and propose a solution. Do not agree to cosmetic remedies (repainting, applying new plaster only) without treating the underlying cause. Third step: if the contractor does not respond, denies responsibility, or proposes partial remedies, arrange for an engineer to inspect the apartment and prepare an expert opinion. Fourth step: on the basis of the expert opinion, send the contractor a formal demand letter. At this stage it is recommended to approach a lawyer specializing in construction defects. Fifth step: if the contractor still refuses, file a claim in court or arbitration and present you at every stage of the proceedings.

What Compensation Can Be Claimed for Dampness and Mold

In a dampness and mold claim, you may claim: costs of treating the root cause (replacing waterproofing, repairing pipes, adding drainage) — not just cosmetic repair; costs of repairing the resulting damage — plaster replacement, painting, floor replacement if damaged; costs of professional mold treatment — mold treatment requires professional expertise and cannot simply be painted over; diminution in value — if the dampness caused structural damage that cannot be fully repaired, you may claim diminution in apartment value; emotional distress — courts recognise the emotional distress that dampness causes, especially when there are children in the apartment.

Contact Lev-Taieb Law Firm

Do not allow dampness and mold to continue damaging your apartment and your family’s health. Contact Lev-Taieb Law Firm for a free consultation: 072-2428822. With 19 years of experience and a 99.8% success rate, we ensure you receive the compensation you deserve.

For more information: Construction Defects Lawyer.