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Hello, my name is Steve Mullins, Certified Microbial Consultant, and today’s video is entitled Black Mold and Renter’s Rights in California. Though, these rights are specific to CA each state has its own version of these and doing a basic Google search for your state should get you that information.
I first must make clear that I am not a lawyer and any statements made regarding law are from my personal experience with landlords, tenants, my consulting attorneys, court and, of course, what laws are quoted from California. These statements are for informational purposes only and should not be interpreted as legal advice as only lawyers can dispense legal advice.
I’m going to be talking about only some of these rights as they relate to black mold and mold in general.
As you may know water will cause mold to grow starting within 1 to 2 days due to mold spores being present in the air and inside the walls of your home when it was built. Black mold, or what people refer to as toxic black mold, is treated the same by state law as any other mold as it does not differentiate between mold types.
California Senate Bill 655, passed in 2015, requires landlords to maintain properties ‘free from dampness and mold’. This, of course, is because mold, especially some like the toxic black mold, can be dangerous to your health. I’ll talk about why that is the case in another video.
Sometimes a renter may be afraid of reporting either mold or a leak to the landlord fearing they might be asked to move.
Did you know that in California once an event like a leak or mold has been reported the landlord cannot require you to move for 180 days, or 6 months, after the problem is fixed?
Did you also know that the landlord can’t raise the rent within a certain period of time to get back the money they spent on required work for mold? Both of these items refer to a type of ‘retaliation’ the law protects tenants from.
It is true that some landlords will ‘tell you to move out’ since they don’t plan to fix these problems as they should. Some even attempt to ‘intimidate or bully’ a tenant and I have seen this in several inspections I have done. I really hate when that happens. Of course, to my knowledge, it is illegal for landlords to intimidate or bully a tenant.
Did you know the law requires the landlord to put you up in a comparable place while needed work is done at your rental unit and your landlord cannot require you to relocate temporarily on your own dime? This is the case when there is work the landlord, by law, has to get done to make the unit habitable or tenable. Keep in mind that vacating the property is not always needed to get work done. It depends on the situation.
Did you know that if certain conditions exist in the rental unit that make it unhabitable per code the landlord cannot collect rent until needed repairs are done to make it habitable? For example; if there is not a working kitchen sink on the property then the unit is deemed inhabitable per code and rent cannot be collected during that time and for that period of time. If there are no working bathrooms/toilets the same also applies. There are several variations of these scenarios and each must be handled accordingly.
If elevated moisture levels are present in the home, such as in the wall or walls of a home this can make the unit inhabitable per code. This is a violation of Senate Bill 655 as mentioned earlier. There are also California civil codes 1341.1 and 1341.2 that can apply as well which some of these rights are listed from. These are noted in CA Renter’s Rights and Responsibilities on pages 80-109
Did you know you can withhold rent until repairs are made to make the unit habitable? This is noted in Renter’s Rights of California under certain conditions.
Did you know that you can make repairs to your unit 2 times during the year and deduct it off your rent? There are conditions for this. Normally you need to let your landlord know about something that needs repair and after due notice you can hire someone to do the repair.
It this situation you likely need an advocate to help you get the point across and have your rights respected especially to help prevent escalation of the situation or to help escalate it. I have a pdf that can assist you with this. Just click the link below put your email and I can send that to you right away. That is all for now.