In a gripping legal battle that underscores the importance of tenant rights and landlord responsibilities, a Virginia court has ruled in favor of a tenant who suffered severe health issues due to mold exposure in his apartment. On November 18, 2025, the Court of Appeals of Virginia upheld a jury verdict from the Circuit Court of City of Richmond that awarded William Urbina $93,000 from Willow Oaks Apartments, L.C., and $495,500 from Landmark Property Services, Inc. The case was presided over by Judge Bradley B. Cavedo.
The lawsuit was filed by William Urbina against Willow Oaks Apartments and Landmark Property Services in Richmond’s Circuit Court. Urbina alleged negligence, violation of the Virginia Residential Landlord Tenant Act (VRLTA), and breach of contract due to persistent water leaks and mold growth in his apartment. From 2015 to 2019, Urbina experienced numerous water-related issues in his residence managed by Landmark Property Services on behalf of Willow Oaks Apartments. Despite repeated service requests for repairs, the problems persisted, leading to significant mold growth that severely impacted Urbina’s health.
Urbina moved into his apartment with his children in December 2014. Initially healthy and active, he soon began experiencing unexplained health issues attributed to mold exposure after years of unresolved water leaks. In March 2019, he suffered symptoms such as muscle spasms, fatigue, breathing difficulties, and memory loss. Medical evaluations confirmed these were consistent with mold exposure. Dr. Cathryn Harbor diagnosed him with “mold illness,” while further testing revealed dangerous levels of black mold in his apartment.
Despite presenting evidence of mold and its impact on his health to Landmark Property Services, they failed to take appropriate action or allow early lease termination based on medical advice. This negligence led Urbina to file a lawsuit seeking damages for the harm caused by their failure to maintain a safe living environment.
The jury found Willow Oaks Apartments liable for violating VRLTA and breaching the lease agreement with Urbina. They also held Landmark Property Services accountable for negligence in handling the water intrusion issues that led to mold growth. The court awarded substantial damages for both economic losses and personal suffering endured by Urbina due to their negligence.
Representing Urbina were attorneys David S. Bailey and Jonathan E. Halperin from Environmental Law Group PLLC and Halperin Law Center respectively. Kevin E. Martingayle along with Herbert V. Kelly Jr., represented the defendants from Bischoff Martingayle P.C., Jones Blechman Woltz & Kelly P.C.
This case serves as a critical reminder for landlords about their obligations under VRLTA and common law duties towards tenants’ safety regarding property maintenance.
Source: 1138242_Willow_Oaks_Apartment_LC_v_Urbina_Opinion_Virginia_Court_of_Appeals.pdf
