California has an implied warranty of habitability when you are renting a property. This means that the property must be safe, sanitary, and fit for a person to live in.
If you have toxic mold in your home, this could violate the implied warranty of habitability, especially if you have a mold issue and it is making you sick. You should report the problem to your landlord as soon as possible if you find yourself in this situation, so your landlord can remediate the mold before you suffer serious respiratory complications and lasting damage.
Unfortunately, sometimes landlords fail to live up to their obligations when it comes to addressing toxic mold. If this happens to you, you have legal rights; including the right to withhold rent in some cases.
Matthew de Lira, APC, can help you evaluate your situation, determine if you can legally stop paying rent, and represent you as you pursue appropriate legal remedies.
Give us a call or contact us online today to schedule a free consultation with a toxic mold exposure lawyer in San Diego, CA to learn more. Read on to find out what your rights are for withholding rent when your home is no longer safe to live in because of toxic mold.
When can you withhold rent due to toxic mold in California?
To be eligible to withhold rent due to toxic mold in California, you must meet certain requirements. Specifically:
- The mold must violate the warranty of habitability and make your rental property uninhabitable. This means there is a serious issue you cannot live with.
- You must have notified your landlord that there is an issue and waited a reasonable amount of time (usually around 30 days) for the landlord to take action and remediate the mold.
- You must provide written notice. You can send written notice via email, but you may wish to use certified mail so you can have clear proof that you tried to resolve the issue with the landlord.
Withholding rent can be a drastic decision, and you should make sure you fully understand your rights. You also have other options, such as paying for the repairs yourself and deducting the amount from your rent, which may help you to ensure you are free of toxic mold in your home if the landlord hasn’t taken action.
How can a California toxic mold lawyer help you?
Matthew de Lira can provide you with help and support if you have suffered physical harm due to toxic mold in your rented property.
Our legal team can help you to understand options like withholding rent and can also assist you in determining if you have an injury or property damage claim.
We have been fighting for decades for tenants and others exposed to mold by landlords, property owners, and property sellers. We understand the legal remedies available under California law, and we’ll help you to protect your finances and health when your home has mold that’s making you sick.
Call Matthew de Lira today to schedule your free consultation
Contact Matthew de Lira, APC, today to schedule a free consultation and find out more about how our legal team can help you to determine if rent withholding is the best approach or if there are additional options you should consider in your pursuit of justice.