California law recognizes the potential health hazards associated with mold in rental properties and imposes specific obligations on landlords to address this issue. Landlords must comply with these requirements to ensure the safety and habitability of their rental units and to also avoid legal issues.
The California Health & Safety Code (HSC §17920.3) establishes clear guidelines for maintaining habitable living conditions in residential properties. This mold disclosure law specifically addresses the issue of dampness and mold, recognizing their potential health hazards to occupants.
Disclosure Requirements
California law mandates that landlords disclose known mold issues to prospective tenants before they sign a rental agreement. This disclosure must be in writing and should include information about the location and extent of any mold growth
- There is an excess of mold in the unit
- The mold exceeds permissible exposure limits
- The mold poses a health threat to the tenant
It’s important to note that landlords must provide this disclosure even if there is no visible evidence of mold but they have reason to believe it may be present
Habitability and Remediation
Under California law, landlords are required to maintain their rental properties in a habitable condition, which includes addressing mold issues. As of 2016, California law specifically requires landlords to repair or remediate mold problems in a timely manner.
This means:
- Landlords must respond promptly to tenant complaints about mold
- They have 30 days to address a mold issue after receiving written notice from the tenant
- Remediation may involve drying damp areas, removing or cleaning surfaces where mold has grown, and fixing underlying moisture problems
Landlord Liability
While there is no specific federal law addressing landlord responsibilities for mold, California landlords can be held liable for mold-related issues:
- In San Francisco, mold is considered a “public health nuisance,” allowing tenants to sue landlords who fail to remove visible or demonstrable mold
- Landlords who negligently create or allow mold problems to persist may be liable for damages if tenants suffer harm
- Tenants can pursue legal action to recover damages for mold-related health issues or property damage
Tenant Rights and Remedies
If landlords fail to address mold issues, tenants in California have several options:
- Withhold rent (known as “rent withholding”) if the mold renders the unit uninhabitable
- Employ the “repair and deduct” strategy, where tenants handle mold cleanup themselves and deduct the cost from their rent
- File a complaint with local health and or building code authorities
- Pursue legal action against the landlord for damages
Local Enforcement
The State Housing Law mandates that local building departments and health departments are responsible for enforcing mold-related housing standards1. Local code enforcement officers can cite visible mold as a substandard condition, requiring the landlord to remediate the problem.
Prevention and Maintenance
To avoid potential legal issues and ensure the safety of their tenants, landlords should:
- Conduct regular inspections to identify and address conditions that may lead to mold growth
- Promptly fix water leaks and address moisture problems
- Maintain proper ventilation in rental units
- Educate tenants on mold prevention techniques, such as controlling humidity levels and reporting leaks promptly
Security Deposit Considerations
If a departing tenant causes a mold problem beyond normal wear and tear, California law allows landlords to deduct the cost of cleaning from the tenant’s security deposit.
However, landlords must provide a written explanation of these deductions within 21 days of the tenant vacating the property
Moe is the CEO and chief mold inspector for Mold Safe Solutions – a Southern California mold inspection and remediation company serving all of San Diego, Riverside and Orange Counties.
Call or text direct for a FREE quote @ 760-818-6830
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