Under the California Health & Safety Code (HSC §17920.3), landlords are required to provide habitable properties to tenants. This includes providing an environment free from mold.
While landlords are not required to conduct periodic mold testing, they must respond promptly and appropriately to reports of mold, must disclose known mold, and must take appropriate action to remediate mold. If they fail to do so, tenants have certain rights.
If you are a tenant whose landlord fails in their obligations, you should reach out to Matthew de Lira, APC, to get legal help. A San Diego mold exposure lawyer can offer you advice on how to take legal action if you have suffered damage to your health or if your own personal property was damaged by a landlord’s failures.
You can give us a call today to schedule a consultation and learn about your rights, or you can read on to learn more about what property managers in California are required to do about mold complaints.
What are a property manager’s obligations when you make a mold complaint?
The Toxic Mold Protection Act of 2001 requires the Department of Public Health to set a permissible level of mold exposure and to establish guidelines for assessing a mold problem and remediating the issue.
The California Department of Consumer Affairs also makes clear that property managers and landlords should take swift action to respond to and eliminate mold once it has been reported. Taking prompt action is important because mold is classified under the guidelines as a health risk to consumers.
In general, landlords should respond quickly when mold is reported, typically taking action within 30 days.
Landlords must do more than just eliminate mold visible to the naked eye as well. They must remediate the mold appropriately and safely, and typically fix the issue that is causing the mold to occur. This can mean addressing the source of the water intrusion into the property and stopping the leak, as mold thrives in damp conditions.
If your landlord thinks that you are to blame for the mold, then the landlord may be able to deduct the cost of the cleanup from your security deposit.
What can you do if a property manager falls short?
If you report mold and a property manager fails to take the complaint seriously and take appropriate action, you have legal rights. Depending on the situation, you may be able to:
- Withhold rent if the mold makes your home uninhabitable or unsafe to live in
- Arrange for reasonable repairs to be made and deduct the cost from your rent
- Break your lease and move out in certain cases if the rental isn’t habitable due to the mold
- Take legal action and pursue a personal injury claim against your landlord and/or the property manager for failing to fix the mold that made you sick.
Matthew de Lira, APC, can help you to identify which of these approaches is best and will work with you to navigate the justice system and take action.
Getting help from an experienced California mold exposure lawyer
If a property manager lets you down and you suffer mold-related complications because of it, give us a call or contact us online today to speak with an experienced California mold injury lawyer who you can trust to fight for you.