California has taken significant steps to address the health risks associated with mold in residential properties. Through a series of laws and regulations, the state aims to protect tenants and ensure that landlords maintain safe, habitable living conditions.

This comprehensive overview explores California’s mold laws, their implications for both tenants and landlords, and the rights and responsibilities of each party

In 2016, the golden state took another significant step by including mold in its State Housing Law. This legislation officially recognized visible mold as a health and safety concern, making it enforceable as substandard housing.

California’s mold disclosure law places significant responsibilities on landlords to prevent and address mold issues in their properties. Failing to comply can result in significant financial and legal consequences for landlords.

Tenants may have the right to repair mold issues themselves and deduct the cost from their rent under certain conditions and can sue landlords for damages if they suffer harm due to undisclosed or unaddressed mold issues.

The penalties can range from minor (covering remediation costs) to severe (lawsuits, loss of rental licenses, and substantial damages awarded to tenants). For example, tenants in Santa Rosa, California sued their landlord for damages after being forced to vacate due to severe mold problems.

Legal Recourse: If a landlord fails to address mold issues adequately, tenants may have grounds to:

Withhold rent

Repair the issue and deduct the cost from rent (under certain conditions)

Break the lease if the mold problem renders the property uninhabitable

Pursue legal action against the landlord

CALIFORNIA MOLD LAW FAQ’S

Habitability Standards: Mold is now considered a condition that makes a home substandard. This means that landlords are legally obligated to address mold issues to maintain the habitability of their rental properties.

Code Enforcement: Local code inspectors can cite visible mold as a substandard condition, requiring property owners to remediate the issue.

Tenant Rights: Tenants have the right to live in a mold-free environment, and landlords must take prompt action to address mold problems when reported.

Landlord Responsibilities and Tenant Rights

Disclosure: Landlords must disclose any known mold problems or past mold-related incidents to prospective tenants before they enter into a rental agreement.

Maintenance and Repair: Landlords are responsible for maintaining the property in a habitable condition, which includes preventing and addressing mold growth.

Timely Remediation: When mold is reported, landlords must take prompt action to assess and remediate the problem, typically within 30 days of notification.

Professional Assessment and Remediation: Landlords should hire qualified professionals to assess the extent of mold problems and perform necessary remediation.

Cost Responsibility: In most cases, landlords bear the costs associated with mold remediation, unless the mold growth is directly caused by the tenant’s negligence.

Tenant Rights

Right to Habitability: Tenants have the right to live in a rental unit that is free from mold-related hazards.

Reporting Mold Issues: Tenants should promptly report any mold or moisture issues to their landlord and expect timely action.

Documentation: It’s advisable for tenants to maintain records of all mold-related correspondence with their landlord.

Commercial Properties and Mold in California

While much of California’s mold legislation focuses on residential properties, commercial properties are not exempt from mold-related responsibilities.

Considerations for Commercial Property Owners and Tenants

Lease Agreements: Given the increased attention to toxic mold, owners and tenants of commercial buildings are starting to address mold prevention and remediation directly in leases and purchase agreements.

Due Diligence: Prospective tenants and purchasers of commercial properties should consider including mold assessments as part of their due diligence process.

Regular Assessments: Building owners may develop protocols for regular mold testing and provide results to prospective tenants or purchasers.

California’s mold laws reflect a growing awareness of the health risks associated with mold exposure and the need for clear guidelines to protect residents and property owners.

By establishing disclosure requirements, habitability standards, and remediation responsibilities, these laws provide a framework for addressing mold issues in both residential and commercial properties.

However, the effectiveness of these laws relies on the cooperation of all parties involved. Landlords must take their responsibilities seriously, promptly addressing mold issues and maintaining their properties to prevent mold growth.

Tenants, in turn, should be vigilant in reporting mold problems and taking steps to prevent mold growth within their control.

As scientific understanding of mold and its health effects continues to evolve, it’s likely that California’s mold laws will be further refined and expanded.

In the meantime, property owners, tenants, and real estate professionals should stay informed about current regulations and best practices for mold prevention and remediation to ensure safe and healthy living and working environments.

If you would like to schedule a mold inspection or removal services in the Southern California area, please call us for a FREE quote at 619-332-3204.