Allegations of severe mold contamination, health risks, and significant property damage have led four tenants to file a lawsuit seeking more than $50,000 in damages from their landlord and two property management companies. The suit was filed on March 25, 2026, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida by Michelle Cohen, Meier Cohen, Victoria Filson, and J.C., naming Tanzanite Investment LLC (the landlord), Terrier Management LLC, and Hercules Property Management LLC as defendants.
According to the complaint prepared by Lopez Law Group, the plaintiffs allege that they suffered physical injuries—including respiratory problems requiring medical attention—emotional distress, loss of personal belongings due to contamination, forced relocation costs, decontamination expenses, increased food costs from loss of cooking facilities, and other financial burdens. The plaintiffs state these damages resulted from what they describe as repeated failures by the defendants to repair or remediate persistent water intrusion and toxic mold growth in their apartment unit at 725 Second Street North.
The dispute centers around two consecutive residential leases for Park 5 within a multi-family apartment building owned by Tanzanite Investment LLC since January 2018. Initially managed by Terrier Management LLC under a lease starting January 12, 2024—with monthly rent set at $1,495—the property later came under the management of Hercules Property Management LLC with a new lease beginning August 1, 2025 at $1,550 per month. Both leases required security deposits which plaintiffs claim were not refunded after vacating the premises.
The tenants allege that both Terrier Management LLC and Hercules Property Management LLC had contractual obligations as agents or managers acting on behalf of Tanzanite Investment LLC to inspect, maintain, repair the property’s HVAC system and address any environmental hazards. Plaintiffs report that starting March 12, 2025 they notified all three defendants multiple times about “a malodor indicative of mold/mildew” and respiratory difficulties linked to operation of the HVAC system. Despite replacing filters themselves and repeatedly requesting repairs or replacement of the system due to breathing difficulties and illness among household members—including a five-year-old child—the complaint states that no meaningful action was taken.
By July 2025 conditions allegedly worsened with water intrusion leading to visible ceiling damage and surface mold growth in their child’s bedroom. Plaintiffs report being forced to abandon the unit after debris fell onto their child’s bed amid escalating health concerns. They claim subsequent formal statutory notice served on defendants finally prompted an inspection but not repairs; it was only then that maintenance staff traced water intrusion back to an upstairs neighbor’s leaking HVAC system.
On August 27, 2025 plaintiffs hired a certified mold assessor who found high levels of toxic molds including Aspergillus/Penicillium (70,000 spores/particulates per cubic meter), Chaetomium spp., Cladosporium spp., and Stachybotrys (commonly known as black mold). Air samples indicated elevated concentrations throughout multiple rooms. Following this assessment—which concluded the unit was unsafe for occupancy—the tenants declared their lease terminated under statutory rights and returned keys after conducting a walkthrough with an agent for the defendants.
Plaintiffs also detail adverse health effects such as coughing, wheezing, headaches, swollen lymph nodes requiring inhaler use—and laboratory testing revealed presence of Stachybotrys mycotoxins in urine samples from all household members. One plaintiff showed bloodwork consistent with long-term exposure including micronutrient deficiencies attributed to chronic mold exposure.
The complaint further alleges that when plaintiffs attempted with a city codes investigator on October 13, 2025 to recover contaminated personal belongings left behind due to safety concerns—defendants refused them access while allowing inspection by city officials who issued violations citing ongoing contamination.
Legal arguments presented include breach of contract (for both leases), breach causing injury to third-party beneficiaries (tenants), breach of statutory warranty of habitability under Florida law (requiring landlords/managers to maintain safe living conditions), general negligence resulting in harmful exposure to toxic mold contamination; premises liability; wrongful constructive eviction; failure to return security deposits; among others. Each count outlines requests for compensatory damages covering past/future medical costs related to mold exposure treatment; moving/relocation/decontamination/alternate accommodation expenses; loss or destruction of personal property; emotional distress; attorney’s fees; pre-judgment/post-judgment interest; as well as any other relief deemed appropriate by the court.
The case is represented by Lopez Law Group on behalf of Michelle Cohen et al., with case number 26-001842-CI filed in Pinellas County Circuit Court.
Source: 26001842CI_Michelle_Cohen_v_Tanzanite_Investment_Complaint_Pinellas_County_Florida.pdf
