In a dramatic legal battle, a Florida resident has filed a lawsuit against her former apartment complex and its management company, alleging severe health issues and property damage due to persistent mold and dust mite infestations. Cheryl Miller, the plaintiff, initiated the complaint on January 31, 2025, in the Circuit Court of Pinellas County against MacAlpine Place Apartment Partners, Ltd., and UDR, Inc.
The case centers around Miller's harrowing experience living in an apartment plagued by chronic leaks leading to hazardous mold growth. The lawsuit details how these conditions caused her significant health problems such as respiratory issues, skin rashes, and migraines. According to the complaint, "Plaintiff suffered severe adverse health consequences including allergic rhinitis, sinusitis, asthma," among other ailments. The defendants are accused of negligence for failing to address these environmental hazards despite repeated requests for repairs from February 2019 through early 2020.
Miller recounts moving into the Dunedin residence on February 15, 2019. Shortly after her arrival, she noticed foul odors and water leaks emanating from the air conditioning system—a problem that was never adequately resolved by UDR despite numerous complaints. Her health began deteriorating within weeks as mold spores infiltrated her living space. By March 2019, the situation worsened with sightings of rats and additional water leaks throughout the property.
The lawsuit alleges that both MacAlpine Place Apartment Partners and UDR were aware or should have been aware of these pre-existing defects but failed to disclose them before leasing the apartment to Miller. The complaint states that "prior to leasing the Property...the landlord either knew or should have known" about these issues which rendered the home uninhabitable.
Cheryl Miller is seeking monetary damages exceeding $50,000 for personal injuries and property damage resulting from what she describes as "uninhabitable conditions." She also demands compensation for medical expenses incurred due to exposure to toxic molds and dust mites during her tenancy. Furthermore, Miller is pursuing attorney fees under Florida Statute 83.48 due to alleged violations of state housing codes by MacAlpine Place Apartment Partners.
Representing Cheryl Miller is attorney Scott N. Gelfand from Coral Springs-based law firm Scott N. Gelfand P.A., while no information regarding defense counsel was provided in this filing document labeled Case Number: 25-000458-CI before Judge Ken Burke at Pinellas County Circuit Court.