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Landlord Liability for Mold in Rental Properties

June 15, 2018

California requires that hazardous conditions be disclosed and mold is the newest environmental hazard causing renters concern. 

 

Mold comes in various forms and may be hidden between walls, underneath the floor, on the ceiling and more. Moreover, mold may grow as long as moisture is present in the climate. 

 

Mold may cause serious health risks to such tenants who inhale mold spores. A landlord may be held liable for ailments caused by mold under their responsibility to provide a habitable and safe dwelling. Some landlords include clauses on mold in the lease agreement, but where the lease is silent, liability may stem from implied covenants. 

 

Further, a landlord is responsible for disclosing information to the tenant or prospective tenant that there is mold in the residence. A landlord with such knowledge must also make reasonable efforts to remove existing mold and to resolve the cause of such mold. 

 

California law imposes a reasonable time frame for the landlord to correct the mold conditions and if the mold arises due to a landlord's negligence, the landlord has the legal responsibility to remove it. 

 

A landlord who fails to provide notice about a mold problem or fails to correct it may face liability including property damage, health problems and any similar costs incurred resulting from the toxicity of the mold. 

 

Do you have questions regarding your rental unit? If so, please contact Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

 

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.  

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