Tenants Sue Boca Raton Landlord Over Alleged Toxic Mold

by Legal Desk | Dec 2, 2025 · 6:21 pm | Boca Raton News

Tenants Sue Boca Raton Landlord Over Alleged Toxic Mold, Constructive Eviction at Broken Sound Apartment

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BOCA RATON, FL (Boca Post) (Copyright © 2025) — A pair of Boca Raton tenants have filed a civil complaint in Palm Beach County Circuit Court accusing their landlord of allowing toxic mold to overtake their apartment and then mishandling the fallout when they reported the issue. The case, filed November 26, 2025, lists plaintiffs Emma Antonia Zakordoniec and Patryk Zajac against MQMF Boca Broken Sound LLC, the ownership and management entity for the rental unit at 5400 Broken Sound Blvd NW in Boca Raton.

The lawsuit, Case No. 502025CA012396XXXAMB, alleges gross negligence, constructive eviction, breach of contract, conversion, and violations of Florida’s residential security deposit statute. It was filed in the 15th Judicial Circuit in and for Palm Beach County. The plaintiffs are represented by Brett L. Schlacter of Schlacter Law.

Zakordoniec and Zajac say they entered into a residential lease with the defendant on August 21, 2024, and temporarily left the unit in May 2025. According to the complaint, they told the on-site manager they would be away for several months and were instructed on how to set the apartment’s A/C system to prevent moisture buildup. When they returned in late August 2025, they claim the apartment was “catastrophically infested” with mold throughout the walls, furniture, clothing, and personal belongings.

An independent, licensed mold inspector reportedly confirmed “dangerous levels” of mold and hazardous indoor air conditions. The complaint states the landlord responded by hiring an “unqualified” cleaner whose attempt at remediation failed. Follow-up testing allegedly showed the unit remained unsafe.

During that cleanup, the plaintiffs allege, workers packed their belongings into trash bags without permission and some items—including a designer handbag—went missing. On the day they inspected the apartment after the attempted cleanup, Zakordoniec says she suffered a severe allergic reaction tied to mold exposure and required emergency medical treatment.

The filing claims the apartment became uninhabitable and that the plaintiffs were effectively forced to move out on September 7, 2025. They say the landlord acknowledged the conditions by discussing an early termination agreement, but when they returned for the final walkthrough, a property manager allegedly pressured them to sign a broad liability release under threat of eviction or additional charges. They did not sign it.

The complaint further alleges that the landlord has failed to return their $4,089 security deposit and did not issue a notice of intent to impose a claim within the 30-day period required under Florida Statute §83.49. Because of that, the plaintiffs argue the landlord forfeited any claim to the deposit.

In addition to constructive eviction and negligence counts, the lawsuit includes a breach of contract claim that cites failures to maintain the premises, remediate mold, and honor the termination arrangement. A conversion claim seeks damages for personal property that was allegedly mishandled or lost during the cleaning process. The plaintiffs are requesting compensatory damages for medical expenses, property loss, relocation costs, and other related impacts. They are also seeking a jury trial.

The original document, as filed with the Palm Beach County Clerk of Court, can be downloaded here.

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