How to build a forensic evidence file that holds up in court. Why cleaning the mold before taking photos is a fatal legal mistake.
In the eyes of the court, cleaning the mold before documenting it is called “Spoliation of Evidence.” You are destroying the crime scene. You must photograph it exactly as you found it.
1. The Metadata Trap
A common mistake tenants make is taking a photo, texting it to their landlord, and then taking a screenshot of the text to show the court.
Why this fails: Screenshots strip the EXIF Data (Metadata). The court needs the original file to verify:
- Date Created: Proves exactly when the damage occurred.
- GPS Location: Proves the photo was taken at the rental address.
- Device Info: Proves it wasn’t edited in Photoshop.
Always save the original camera file, not just the screenshot.
2. The 3-Shot Photo Protocol
One blurry close-up is not enough. Forensics requires context. For every patch of mold, take three photos:
Stand back 10 feet. Show the entire wall, the floor, and a landmark (like a door) to prove which room it is in.
Move in to 3 feet. Place a coin or ruler next to the mold. This proves the size of the growth to the judge.
Get within 6 inches (use macro mode). Show the texture (fuzzy vs. flat) and color. This helps experts identify the species later.
Don’t just photograph the mold. Photograph the leak above it, or the wet carpet below it. Connect the dots.
3. Using Moisture Meters (The Invisible)
Mold is often visible, but the water feeding it is hidden inside the wall. A $30 tool can win your case.
Buy a cheap pinless moisture meter. Place it on the dry wall (should read 5-10%). Then place it on the moldy wall (might read 99%).
Video Record this process. A video showing the meter beeping “WET” proves active leaking, which makes it a landlord negligence issue, not just “humidity.”
4. Written Notice Log
Your “Chain of Custody” includes your communication.
| Communication Type | Legal Value | Why? |
|---|---|---|
| Phone Call | Zero | “He said, she said.” Unprovable. |
| Text Message | Medium | Better than nothing, but informal. Phones get lost. |
| High | Timestamps are verifiable. Servers retain copies. | |
| Certified Mail | Ironclad | The “Green Card” receipt proves the landlord physically received the warning. |
5. Keeping Physical Samples
If you have personal property that was ruined (like a leather shoe or a piece of drywall that fell off), bag it.
- Place the item in a Ziploc bag.
- Seal it with tape.
- Label it with the date.
- Keep it in a cool, dry place.
If the landlord claims “it was just dirt,” your lawyer can send that bag to a lab for DNA testing to prove it is toxic Stachybotrys.