Don’t Let Mold Move In!
By Aser G. Tolentino Esq.
Our intake team occasionally sees text messages or emails from property managers and landlords reassuring tenants that the mold they reported seeing is “normal” or “safe.” It often has the opposite effect if this was meant to reassure them. So what does it mean when someone tells you that the mold you are looking at is safe and nothing to worry about, and how might you respond if you still feel concerned? We will review these topics in the context of reporting uninhabitable conditions and ensuring your landlord is living up to their side of the bargain.
It’s Not the Mold; it’s the Toxicity.
That is usually true when your landlord says that the mold is perfectly safe. The problem is that some kinds of mold produce toxins that can harm humans and animals. Beyond that, the spores that mold uses to reproduce can cause respiratory problems and allergic reactions, just like dust or pollen. On the other hand, people can respond to these toxins and allergens very differently, so it is essential to report any conditions that might be connected, both to your landlord and your doctor.
Treating the Disease and Not the Symptom
When tenants complain about mold, a landlord may sometimes send someone or come themselves to paint over the mold and declare the problem resolved. The problem is that mold is not the abovementioned situation, which is the case if it comes back. What mold indicates is that there are conditions in your home that are not healthy and should be looked into. If mold has become widespread enough to become a problem that does not go away and stay away, it is a sign of a more significant issue.
Mold requires moisture to grow and spread. While mold is always in our environment, higher humidity and leaks around pipes, windows, or roofs can supercharge its growth cycle. If your home is maintained correctly, these conditions will be far less likely to exist and prevent mold from gaining a foothold.
Several different features that make a home uninhabitable can be associated with excessive mold growth: for instance,”(7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. […) (11) Dampness of habitable rooms. […] (14) General dilapidation or improper maintenance. [or] (15) Lack of connection to required sewage disposal system.” Cal. Health & Safety Code § 17920.3(a).
When reporting continuing issues with mold, it is important to raise questions about how the state of the home might be contributing to the mold:
- Are bathroom exhaust fans working as they should to draw moisture out of the air?
- Are there any leaks that need to be patched?
- Are the windows not opening or letting in enough air and light?
- Are the drains and sewage systems working correctly?
All of these things can create the conditions for mold. Perhaps just as importantly, when encouraging a landlord to take appropriate steps to fix the problem, each issue could violate the habitability warranty that a code enforcement officer could cite.
Conclusion
Finding mold in your home can be very frightening and stressful. Knowing how to present the issue to your landlord can help make sure it is taken care of quickly and correctly. If you believe your landlord is not taking your concerns seriously, a tenant rights attorney might be able to help.
