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Toxic mold is a general term for several species of mold that can produce spores and biological compounds that harm indoor air quality and human health. In Shizuoka prefecture, as elsewhere in Japan, there is no single statute labeled "toxic mold law." Instead, legal issues involving mold are handled through a mix of civil law, building and housing regulations, health advisories, and administrative guidance. Typical legal questions involve landlord-tenant disputes, construction defects, product or contractor liability, workplace exposure, and claims for medical or property damage. Local public health centers and prefectural authorities provide inspections and health guidance, while legal remedies are sought through negotiation, administrative channels, consumer protection bodies, or civil litigation.
- You suffered health problems you believe are caused by mold and you want to claim compensation for medical expenses, lost income, or pain and suffering.
- Your rented home or apartment has persistent mold despite repeated complaints to the landlord, and repairs are not being carried out or are ineffective.
- Mold developed after recent construction, renovation, or repair work and you believe the builder, contractor, or material supplier is responsible for defects or poor workmanship.
- You are a landlord or building owner facing a tenant claim for damage, rent reduction, or termination because of mold, and you need to manage liability and repair obligations.
- You need help collecting and preserving technical and medical evidence, coordinating expert inspections, or presenting scientific findings in negotiations or court.
- You want to use administrative remedies, such as filing complaints with public health centers or consumer affairs agencies, and you want legal strategy to support those administrative steps.
- Civil Code - Tort and Contract Remedies: Claims for damages caused by health harm or property damage from mold are generally brought under the Civil Code as torts (negligence) or breaches of contract. Liability depends on whether a person or company breached a duty of care or failed contractual obligations, and whether that breach caused the harm.
- Lease and Housing Rules - Tenant and Landlord Obligations: Tenancy matters are governed by the Civil Code provisions on leases and related laws and customs. Landlords have duties to deliver a dwelling fit for the agreed use and to maintain habitability. Tenants also have duties to use the property properly. Remedies can include rent reduction, repair orders, compensation, or contract termination, depending on the circumstances.
- Building Standards and Construction Defects: The Building Standards Act and laws promoting housing quality and consumer protection impose standards for construction. For new homes, builders may have statutory warranty obligations and contractual responsibilities for defects. When mold results from water intrusion, structural defects, or improper construction, builders or contractors can be held liable.
- Public Health and Administrative Guidelines: National ministries and local prefectural public health centers provide guidelines and administrative measures aimed at preventing and responding to indoor air problems. Public health centers can investigate and issue advisories, but they do not directly provide civil compensation. Their inspection reports and guidance can be important evidence in disputes.
- Consumer Protection and Product Liability: If mold growth is linked to defective building materials, equipment, or HVAC systems, consumer protection laws and product liability principles may apply against manufacturers, sellers, or distributors.
Document the mold with dated photos and videos, note when you first noticed it, save all communications with the landlord, and request repairs in writing. Seek medical attention if you have symptoms and keep medical records. Contact your local public health center for guidance and consider getting a professional mold inspection or environmental test to document the extent and likely cause.
Withholding rent is a serious step and can carry legal risk. In many cases tenants can seek rent reduction, demand repairs, or pursue termination for lack of habitability if the landlord fails to act. Before withholding rent, consult a lawyer or a local housing consultation service to understand the correct legal procedure and to avoid breach of contract claims.
Responsibility depends on the cause. If mold is due to structural defects, leaks, or construction flaws, landlords or builders are likely responsible. If mold appears because of tenant behavior, such as long-term lack of ventilation or improper use, the tenant may be responsible. Each case needs factual and expert investigation to determine causation and liability.
Yes, you may be able to bring a civil claim for medical costs, lost income, and non-economic damages if you can show that the exposure was caused by another party's negligence or contractual breach. These cases often require medical evidence linking symptoms to mold, environmental testing, and proof that the responsible party knew or should have known about the problem.
Expert inspections and tests can be essential to establish the presence, species, concentration, and likely source of mold. They also help connect the mold to building defects or maintenance failures. Courts and insurers often rely on expert reports to evaluate causation and damages. Keep the inspector's report, sampling data, and chain-of-custody documentation.
Local public health centers provide guidance on health risks, can conduct environmental assessments or site visits in some cases, and issue advisories. They do not award compensation, but their findings and recommendations are useful evidence in legal or administrative processes. Contact the public health center in your municipality for local procedures.
Statutes of limitation apply and can limit your ability to sue. Time limits vary by type of claim and the facts of the case. Because these deadlines can be relatively short from the time you discover the harm, act promptly to preserve your rights and consult a lawyer to understand applicable deadlines.
In some situations you can arrange necessary emergency repairs and then demand reimbursement from the responsible party, but you should notify the other party in writing and give them an opportunity to act first when possible. Keep all invoices, receipts, and before-and-after photos to support your claim.
Insurance coverage varies widely. Some policies exclude gradual damage like mold caused by long-term humidity, while others cover sudden events such as water leaks from burst pipes. Review your policy, talk to your insurer, and consult a lawyer or insurance advisor to determine coverage and how to make a claim.
A lawyer can evaluate your legal options, help collect and preserve evidence, coordinate expert inspections and medical documentation, negotiate with landlords, builders, or insurers, represent you in mediation or court, explain applicable legal deadlines, and advise on cost and fee arrangements. For non-Japanese speakers, a lawyer who can communicate in your language or provide translation support can be particularly important.
- Shizuoka Prefectural Government - public health and environmental divisions - for local health advisories and public health center contacts.
- Your municipal Public Health Center - for on-site advice, inspections, and administrative guidance about indoor environmental health.
- Ministry of Health, Labour and Welfare and Ministry of the Environment - for national guidelines, health advisories, and technical recommendations on indoor air quality and mold prevention.
- Consumer Affairs Agency and National Consumer Affairs Center of Japan - for consumer protection advice when products, services, or contractors are involved.
- Shizuoka Bar Association - for lawyer referral services and information on attorneys experienced in housing, construction, and personal injury matters.
- Japan Legal Support Center (Houterasu) - for general legal information and help finding legal assistance.
- Certified environmental or building inspection firms - for professional mold testing, moisture assessment, and cause analysis. Keep in mind that the quality of inspections varies, so choose accredited or well-reviewed providers.
- Local medical clinics and occupational health specialists - for diagnosis and documentation of mold-related health conditions.
- Take immediate practical steps - document the problem with dated photos and videos, record dates and communications, seek medical attention if you have symptoms, and keep all receipts and records.
- Notify the responsible party in writing - inform your landlord, property manager, builder, or employer of the mold problem and request prompt remedial action. Maintain copies of all written notices and responses.
- Obtain expert evidence - arrange a mold inspection, moisture survey, or structural assessment and keep the written report. Medical records linking symptoms to exposure are also important.
- Consider administrative help - contact your local public health center or consumer affairs office for investigation and guidance; their findings can support legal claims.
- Consult a lawyer early - a lawyer experienced in housing, construction, or tort law can explain your rights, advise on time limits and remedies, help preserve evidence, negotiate on your behalf, and represent you in mediation or court. Ask about fee structures and language support if needed.
- Preserve your options - act promptly to avoid procedural time limits and to keep evidence intact. Even if you only seek negotiation or mediation, early legal advice often improves outcomes.
