Your landlord may be liable for mold in California. It will be up to you to hold them accountable.
California laws protect renters from being forced to live in an environment with unremediated mold. Landlords who do not take appropriate actions to warn renters of mold and to fix mold issues may be in violation of the implied warranty of habitability as well as in violation of health and safety codes.
Matthew De Lira can help those exposed to mold in their rental homes to take legal action against their landlords.
Our team of mold lawyers in San Diego knows the laws inside and out, and we will fight for you to ensure your landlord makes your property safe. We can also help you get full compensation from your landlord for mold-related losses.
Give us a call today to schedule a free consultation and learn more about how we can help.
What are a landlord’s obligations related to mold in California?
There is an implied warranty of habitability for California rental properties. When mold is present in a home or apartment, the mold may violate this implied warranty. Tenants can withhold rent, file complaints with the local building department, and take other appropriate actions if the landlord does not correct a mold issue, such as breaking a lease if necessary.
Landlords are also obligated to disclose known mold problems before a tenant signs a lease. This requirement comes from the California Toxic Mold Protection Act, which was signed into law in 2001. The disclosure requirements mandate that landlords provide a booklet to renters explaining the signs of mold and potential health risks.
California Health & Safety Code (HSC §17920.3) also makes clear that mold and dampness in a home are health hazards that render a property substandard. Landlords are required to fix the conditions, unless the mold is minor and found on surfaces that generally accumulate mold as part of the normal course of their use.
What should renters do to protect their rights if there is mold in their rental property?
The California Department of Public Health lists the steps that tenants need to take to make sure their landlord addresses a mold issue. Renters should:
- Alert the property owner or manager to any dampness or to suspected mold.
- If the property owner does not respond, tenants can contact the city or county code enforcement agency and ask the agency to inspect for violations. Unless the code enforcement officer determines the tenant’s actions are the problem, the inspector may find there is a violation and can order the landlord to make fixes if mold is found.
If a landlord doesn’t take reasonable steps to eliminate mold when it has been brought to their attention, then tenants should consider reaching out to an experienced attorney as soon as possible.
Our personal injury lawyers in San Diego can help renters understand their rights if they are getting sick due to mold exposure and can help renters pursue damage claims to recover compensation for mold-related health problems and property damage. This can include compensation for medical bills, missed work time, pain and suffering, emotional distress, and damage to any of the tenant’s property that has been affected by mold.
Contact our legal team to schedule a free consultation today to learn about when landlords are liable for mold in California and what types of compensation and remedies are available to you if your landlord breaches their obligation to offer a safe living space and you suffer harm because of it.