1) a tenant has a legal duty to report mold to their landlord, and;
2) a landlord has a legal duty to abate the mold once reported.
But what, exactly, is mold? Under Cal. Health & Saf. Code sec. 17920(j), mold is defined as “microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
But what, exactly, is mold? Under Cal. Health & Saf. Code sec. 17920(j), mold is defined as “microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
Visible mold is one of the substandard building conditions set out under Cal. Health & Safety Code sec. 17920.3 (13).
If you are a tenant and you notice visible mold growth in your dwelling unit which is a major issue, you have a duty to notify your landlord. It is advisable to notify your landlord in writing such as in an email which you also have a copy of and/or in a certified mailing which requires your landlord or property manager to sign indicating receipt of your notice. In all cases, be sure to keep a copy of your written requests to abate the mold.
It may also be necessary before reporting serious mold conditions, to get a third party official to document the mold. A building inspection department member may document conditions that cause mold such as a leaky roof or toilet whereas a health officer may document the actual mold conditions. For more about mold, see the newly revised document entitled “Mold or Moisture in My Home” published by the California Department of Public Health.
In Oakland, the building inspection department can be found here, Also click here:
Check your lease agreement. You may have signed an addenda related to mold which underscores your duty, as a tenant, to report the mold. See sample addenda here from the Apartment Association of America USA. If you fail to report the mold, you could be held legally liable for your landlord’s cost to abate the mold.
Mold can be a serious health issue. The new law concerning visible mold has been enacted to protect tenants and landlords alike. If you have visible mold growth in your dwelling unit, try to find the source of the mold growth and if you cannot abate it yourself, the mold growth could be due to a building condition. Report the mold growth to your landlord or property manager and work together to get rid of the mold. If your landlord or property manager fails to promptly respond and to abate the issue, report it to a government agency who will notify the landlord if there is a water leak or moisture problem causing the mold growth.
- “Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.”
If you are a tenant and you notice visible mold growth in your dwelling unit which is a major issue, you have a duty to notify your landlord. It is advisable to notify your landlord in writing such as in an email which you also have a copy of and/or in a certified mailing which requires your landlord or property manager to sign indicating receipt of your notice. In all cases, be sure to keep a copy of your written requests to abate the mold.
It may also be necessary before reporting serious mold conditions, to get a third party official to document the mold. A building inspection department member may document conditions that cause mold such as a leaky roof or toilet whereas a health officer may document the actual mold conditions. For more about mold, see the newly revised document entitled “Mold or Moisture in My Home” published by the California Department of Public Health.
In Oakland, the building inspection department can be found here, Also click here:
Check your lease agreement. You may have signed an addenda related to mold which underscores your duty, as a tenant, to report the mold. See sample addenda here from the Apartment Association of America USA. If you fail to report the mold, you could be held legally liable for your landlord’s cost to abate the mold.
Mold can be a serious health issue. The new law concerning visible mold has been enacted to protect tenants and landlords alike. If you have visible mold growth in your dwelling unit, try to find the source of the mold growth and if you cannot abate it yourself, the mold growth could be due to a building condition. Report the mold growth to your landlord or property manager and work together to get rid of the mold. If your landlord or property manager fails to promptly respond and to abate the issue, report it to a government agency who will notify the landlord if there is a water leak or moisture problem causing the mold growth.
Bottom line: your health may be compromised by the mold. And, if you fail to report serious mold conditions, you could assume legal liability for your failure to report the mold.
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