The California Health & Safety Code requires landlords to provide a safe rental unit. In fact, there’s an implied warranty of habitability for residential rental leases in California.
If mold is present in the rental unit, this can violate that implied warranty.
Mold can make people very sick, especially if you have black mold or another dangerous variant in your home. For tenants living with mold, there are many options available under California law to force landlords to fix the problem. Those whose health suffers can also pursue a damage claim.
Matthew De Lira has helped many renters who were damaged by mold in their homes. Our team knows California’s mold laws inside and out, and we’ve recovered substantial compensation for those damaged by mold through out-of-court settlements and through litigation.
We are ready to help you fight for your rights, so give us a call today to schedule your free consultation with a San Diego toxic mold lawyer.
What are California Mold laws protecting tenants?
California has many laws in place that protect tenants if there is mold in their property. Here are some of the key laws that you need to know:
- Landlords must disclose mold: Under California Health & Safety Code § 26147, landlords must provide written disclosure if the landlord knows, or has reason to believe, that visible or hidden mold is present that affects the building and exceeds a safe amount
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- Renters can withhold rent if their apartment is not habitable. If mold is making your apartment unsafe, you can withhold rent until the landlord fixes the situation. While this may cause your landlord to go to court to try to evict you, you can raise the breach of the warranty of habitability as a defense according to California Code of Civil Procedures § 1174.2. If you can prove that the apartment isn’t safe to live in, then your landlord wouldn’t be able to evict you for withholding rent.
- Renters can take care of cleanup on their own and deduct the costs: If tenants provide written notice to their landlord of the problem, and it isn’t fixed, the tenant can pay for repairs (not exceeding one month’s rent) and deduct the repair costs from the rent under California Code of Civil Procedure § 1942.
- Renters can move out. You also have the option to break your lease and leave if your landlord is unwilling to fix the mold situation. This is referred to as constructive eviction, as you can argue that the home was so unlivable due to the mold that your landlord essentially forced you to move out.
All of these laws aim to protect you from being forced to live in an environment where there is mold present that could make you sick.
Unfortunately, there are also legal risks associated with each of these options. If you break your lease, for example, your landlord could sue you, and you’d need to raise constructive eviction as a defense.
Taking legal action if you’re exposed to toxic mold
You also have the option to pursue a claim to recover compensation from your landlord if the toxic mold in your rental property makes you sick. You can bring a damage claim if:
- Your landlord knew, or should have known, about the toxic mold, and failed to make sure that your home was habitable.
- You were made sick as a result of the mold and suffered damages that you should be compensated for.
Matthew De Lira can help you in these difficult situations. As an experienced California toxic mold lawyer, Matthew can work with you to:
- Gather evidence of mold at your premises, including photos and a report from a mold inspector. Mold inspectors use tools like moisture sensor devices to identify areas where mold is likely to be, based on detecting water damage or dampness. They can test for specific mold strains, including Stachybotrys (black mold), Aspergillus, Penicillium, and Trichoderma, and will provide details on the mold levels at your property.
- Demonstrate that you reported the mold to your landlord, or that your landlord either knew or should have known about the mold on your property and failed to take action to remediate it.
- Show that you developed an illness as a result of your mold exposure. You can demonstrate this by seeing an infectious disease specialist who can trace the cause of your medical issues to the mold in your home. Matthew De Lira can help you to obtain medical records from specialists that you can use to put together a strong damage claim.
- Demonstrate the extent of your losses. You should be compensated for all of the damage done to your health as a result of the mold exposure, including for medical bills, wage loss if you can’t work because of the mold, pain and suffering, emotional distress, property damage if your property was impacted by the mold, and other economic and non-financial losses directly linked to the mold exposure.
Using the civil justice system to get compensation for your mold-related illness can be one of the best options you have for getting your costs covered and for being able to move forward with your life after your home made you sick and left you coping with medical issues.
Getting help from a California toxic mold lawyer
If you’ve been made sick because of toxic mold in your rental home, you may feel hopeless and angry that your landlord put you in this position -but you aren’t without options. You have rights under California law, and attorney Matthew De Lira is here to help you enforce those rights and hold your landlord accountable for failing to fulfill their responsibilities.
Our firm has helped many mold victims to get the money they need and deserve, and we are ready to put our legal skills and experience in this area to work for you. Give us a call at (858) 703-7048 today to schedule a free consultation with a North County toxic mold lawyer to find out how we can help you fight for your rights.