Before and after
Before 2016, there was not much that a California tenant could do about potentially toxic mold in their homes. Luckily, this has changed and state law now considers mold as a problem that must be reported and repaired. Landlords can be fined who don’t comply.
Mold can cause huge damage to property. It can also cause allergies, asthma and other respiratory problems.
Does the presence of mold have to be disclosed?
Yes, landlords have to give written disclosure to tenants if they know about moldy conditions that can pose a threat. However, landlords are not required to specifically conduct tests to see if the presence of mold is hazardous.
If the mold was remediated according to California mold remediation guidelines before you moved in, the problem is seen as resolved and the landlord does not have to provide any information about it.
Can I hold my landlord liable for toxic mold problems?
You can. A landlord can be held liable for damages resulting from a mold-related illness if he violated the building code of the source of the problem.
He might have allowed a leak that caused moisture to build up, fail to dry out carpets soaked by flooding or, just in general, ignored to address written complaints in a timely manner.
What can I do?
- You are allowed to deduct up to one month’s worth of rent and hire someone yourself to make the necessary repairs if the landlord has not responded to your notification of the problem.
- You are allowed to withhold your rent until the problem is resolved.
- In the worst case scenario, you can file a lawsuit to recover damages.
Legal action can be tricky. Contact us, your tenant-rights attorneys, who can give you guidance on how to proceed.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.