California landlords must disclose known mold hazards
Learn about mold disclosure requirements in California, including landlord responsibilities and tenant rights. Understand the steps to take if you encounter mold issues in your rental unit.
According to the United States Environmental Protection Agency (EPA), mold can grow practically anywhere—provided there is moisture.
When mold grows in California rental units, it presents a host of challenges for tenants and landlords, with the responsibility often falling on the landlord to address the issue.
Understanding the responsibilities of landlords and tenants when it comes to mold management is essential for maintaining a safe and healthy living environment.
What is mold?
Mold is a type of fungus that thrives in moist environments. While molds play a crucial role outdoors by breaking down dead organic materials, such as fallen leaves, their presence indoors can be problematic.
Indoor mold growth can lead to health issues such as sneezing, runny nose, skin rashes, headaches and even asthma attacks. Health issues caused by mold are particularly common in vulnerable populations like children, the elderly, and those with respiratory conditions.
Symptoms other than allergic and irritant symptoms are not commonly associated with mold. The link between molds and acute idiopathic pulmonary hemorrhage among infants, memory loss, and lethargy have not been proven.
Research on mold and its health effects is ongoing.
Many people believe that black mold is particularly dangerous. However, the color of mold has little to do with its toxicity. Despite receiving more media attention, there is no conclusive research indicating that exposure to black mold is more harmful than exposure to other types of mold.
Mold disclosure requirements in California
The California Health & Safety Code Section 26147 mandates that landlords must inform tenants, in writing, before signing a rental agreement if they know or have reason to know that mold in the property exceeds permissible exposure limits or poses a health threat.
Despite this disclosure requirement, California has not established scientifically-based permissible exposure limits for mold. The California Department of Public Health advises addressing any mold, water damage, or dampness issues promptly without relying on specific mold level measurements.
Landlords must also provide prospective renters with the “Information on Dampness and Mold for Renters in California” booklet, which is automatically included in the California Association of Realtors’ Residential Lease.
What are my landlord's responsibilities when it comes to mold in California?
California landlords have a legal obligation to ensure that rental properties are safe and habitable, known as the implied warranty of habitability.
The presence of mold in an apartment may violate this warranty. Specifically, visible mold growth that is determined by a health officer or code enforcement officer to be more than superficial, such as mildew, can be considered a violation of the implied warranty of habitability.
If you notice water intrusion or suspect the presence of mold in your apartment, it’s important to notify your landlord in writing. This notification helps ensure that your landlord addresses the issue promptly and maintains a safe and habitable living environment.
Suing your landlord for mold in California
In California, you can sue your landlord if you have suffered economic or noneconomic damages as a result of mold exposure. To successfully file a lawsuit, you must establish the following three things:
- You requested that your landlord fix the mold issue.
- Your landlord failed to address the mold issue.
- You suffered damages due to your landlord’s failure to act.
Proving the third element—damages caused by mold exposure—can be particularly challenging. Several factors make it difficult to establish a direct link between mold exposure in your rental unit and specific health problems:
- Multiple factors: Health issues can stem from various sources, including pre-existing medical conditions, environmental factors, or genetics. Isolating mold exposure as the primary cause of your health problem can be complicated.
- Testing: Proving that the mold in your apartment is toxigenic often requires expensive testing, which can be a barrier to establishing your case.
- Common symptoms: Symptoms related to mold exposure, such as coughing, sneezing, or headaches, overlap with those of other conditions like allergies or viral infections, making it difficult to attribute them solely to mold.
- Multiple mold sources: Mold can be found everywhere, including indoors and outdoors. Demonstrating that the mold in your apartment is the exclusive source of your health issues can be difficult.
To strengthen your case, it’s important to document the mold issue thoroughly, keep records of your symptoms, and note any medical treatment received. Consulting with both a medical professional and a lawyer can provide valuable insights and help you determine the best course of action.
Signs and causes of mold
Identifying mold in your rental unit is crucial for maintaining a healthy living environment. Here are the main signs and causes:
| Signs of mold | Causes of mold |
|---|---|
| Visible mold: Mold can appear in various colors and often grows on walls, ceilings, behind furniture, under carpets, or in hidden areas. Mold odor: A musty, earthy smell often indicates the presence of mold. Water damage: Look for water stains, discoloration on walls or ceilings, peeling or bubbled paint, warped floors, or rotting wood. Damp or moist materials: Condensation on windows or walls, or damp materials in the home, can signal mold growth. |
Indoor sources: Leaking or burst water pipes, inadequate ventilation in areas where water is used (e.g., bathrooms, kitchens), and condensation on cold surfaces. Outdoor sources: Water intrusion through leaky roofs or poorly-sealed windows, flooding, damp crawl spaces, and water drainage issues around the building. |
Addressing mold requires identifying and correcting the source of moisture. In most cases, this involves notifying your landlord. It's important to understand the appropriate process of notifying your landlord about the problem and to be aware of your legal options if your landlord refuses to address it.
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