California has passed a new law that requires landlords to give written disclosure to prospective tenants when the landlord knows, or has reason to believe, that mold is present in the building that either exceeds the permissible exposure limits allowed or poses a health threat. The landlord has this responsibility when the mold is visible, invisible, or hidden.
Does My Landlord Have a Duty to Test for Mold in the Building?
In California landlords are not required to conduct tests to determine whether the presence of mold exceeds permissible exposure limits.
If the presence of mold in the building was remediated according to California mold remediation guidelines prior to your tenancy, a residential landlord does not have to provide you with a written disclosure.
It is your responsibility as a renter to maintain your apartment or house in a clean and sanitary condition. Running your exhaust fans, vacuuming your carpets, and reporting any problems to your landlord in a prompt and timely manner will help prevent health problems.
A landlord can be held liable for damages resulting from a mold-related illness if a violation of the building code of the source of the problem. Examples may be:
Under California’s Repair and Deduct Law a tenant may do any of the following:
You should absolutely consult with a California lawyer before taking any steps which may lead to legal action. While the remedies outlined above are legally available to you as the tenant, they are very risky steps to take on your own. A good landlord-tenant lawyer will be able to give you the guidance you need to take action properly.
Last Modified: 10-13-2017 01:47 AM PDTLaw Library Disclaimer
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