Law360 reports that Disturbed frontman David Draiman has sued his former landlord, claiming that mold in a Coral Gables, Florida rental home caused health problems that impacted his singing career.
Draiman filed a lawsuit in Miami-Dade County on March 11, alleging fraudulent misrepresentation, fraud, unjust enrichment, and negligence against his former landlord. According to the filing, Draiman paid $18,500 per month for a 5,200-square-foot home beginning in December 2022. He terminated the lease around September 4, 2024, after discovering undisclosed mold and leaks in the property.
“None of the items complained of… were disclosed to [Draiman] by the [landlord] prior to moving in and went uncorrected after moving in such that [Draiman] had to leave the property since it was not habitable,” the lawsuit reads. “The uninhabitability and mold concerns, among others, resulted in impacts to [Draiman‘s] singing career, recording and studio time with medical concerns.”
“[The landlord] affirmatively made material misrepresentations of material facts to [Draiman] regarding the Property such as a watertight roof, non-leaking ceilings and deterioration due to water intrusion,” the lawsuit adds. “The existence of these defects described above, such as mold and water intrusion, constitute material misrepresentations. Two other minor undisclosed defects are and were equally disturbing: to wit; leaving the dishwasher unattached such that it swung out if used and failing to place certain elements beneath the refrigerator freezer causing water damage and more mold. They were not disclosed because they would have dramatically affected the rental and pricing of the Property. [The landlord] knew the nature of the defects to the Property and was patently aware of the falsity of the material misrepresentations made to [Draiman].”
“Despite being notified on multiple occasions of necessary repairs”, the landlord failed to act in a timely manner, forcing Draiman to move out.
He is pursuing the return of his $37,000 security deposit while accusing the landlord of fraudulent misrepresentation, unjust enrichment, and negligence.
