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Senate Bill 655 that was passed in 2015 requires property owners to maintain their property, particularly rental property, free from ‘dampness and mold’.
What does that mean? Dampness is higher levels of moisture than should be present in a home/office that will cause mold to grow.
It is important to note that Mold in California Senate Bill 655 itself is defined as ‘microorganisms or fungi’ not necessarily visible mold. Microorganisms include dangerous bacteria along with mold as both are microscopic and usually grow alongside each other.
It is obvious that the landlord’s obligation does not extend to the tenant’s obligation to maintain the property while living there, meaning they have to clean up after themselves and not let mold grow due to not maintaining good home hygiene.
Let’s use an example of a leak that a tenant discovers on the property and the landlord is informed of this. It is obvious it is the landlord’s responsibility to have the leak repaired and say the landlord does this. Is that all there is to do in this case? Certainly not.
The landlord must be diligent and make sure there is no ‘wetness’ in the surrounding building materials due to that leak. It is quite possible, even likely, that mold and bacteria have already started to grow, depending on how long the leak was going on before you found it. Even if the tenant discovered the leak when it happened there will normally be moisture absorbed into the surrounding materials that needs to be removed.
Mold starts growing in 1 to 2 days after getting a water/moisture source depending on which of the 5.1 million species happens to be present at the time. Bacteria starts growing in 3 to 5 days after getting a water source and is considered a health hazard per the CDC which is called ‘grey’ water or category 2 water at this point. In just as little as 2 days more, 5 to 7 days total, this can degrade into ‘black water’ or category 3 water due to more dangerous and acute bacteria growth. This is the same category of water that comes out of your toilet! Does that sound more serious?
Often when the repair is made for the leak the plumber or other repair person or even the landlord themselves will say everything is alright and it is dry. Unfortunately, what they say cannot be trusted since none of them are trained or certified to evaluate the area for moisture and simply are not qualified to make an accurate assessment. The area may feel dry to the touch but there is likely moisture in the material that cannot be readily discerned by touching.
So, what can you do at this point to make sure that there will be no mold or bacteria growing as a result of that leak that was repaired and the landlord has made it clear nothing else will be done? You certainly have the right to live in a safe place and you can and should hire a Certified Professional to inspect for potential moisture and mold. Mold and bacteria testing can be done at this time at the inspection. If the inspector finds ‘elevated moisture levels’ then this an issue that needs to be taken care of. Mold and bacteria will be growing in this situation. It is a scientific fact. A certified company for Applied Microbial Remediation needs to be employed to take care of the situation which the report should show.
When you get the report from the inspector then send it to your landlord so he understands that the area is not dry and that mold and bacteria is growing. Communicate with your landlord your concerns. In this situation you should be able to get a rent credit for the money you spent on the inspector since the landlord was aware of the situation but failed to address it properly as per renter’s rights of California.
What if, after hiring the inspector and sending the report to the landlord, nothing else happens. Meaning, the landlord is being silent, ignores the report or flat out says he/she is not doing anything else? What can you do at this point? You may well need an advocate to assist you in this situation. I have a pdf that can assist you with this. If you would like me to send it to you then simply click the link below to provide your email address and I will get that to you ASAP.
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