By Aser G. Tolentino, Esq. and Eric L. Toscano, Esq. (with certain resources provided by Just Well Law). 

What Do You Need to Know? 

As a tenant, it is important to keep your living space healthy and safe.  One potential danger you should be aware of is toxic mold.  Mold can grow in damp areas and cause health problems such as allergies, asthma, respiratory issues, and even neurological problems.  If you suspect the presence of toxic mold in your rental unit and, after notifying your landlord in writing, they still refuse to help or fix the problem, you may need to contact a tenant rights law firm. 

How Do You Identify Toxic Mold? 

There are several ways to identify toxic mold in your living space.  Here are some signs to look out for:  

Visible Mold. Toxic mold is often green or black and can appear as spots or clusters on walls, ceilings, or floors.  

Musty Odor. If you notice a musty smell in your living space, it could be a sign of toxic mold.  

Water Damage. If you have experienced water damage in your rental property, there is a higher chance of toxic mold growing in damp areas.  

Health Symptoms. If you or anyone in your household is experiencing symptoms such as coughing, sneezing, brain fog, or respiratory issues, it could be a sign of toxic mold exposure. 

If you suspect toxic mold in your rental unit, immediately inform your landlord in writing and ask for a professional inspection.  Your landlord is legally required to maintain a habitable living space, and visible mold renders your living space uninhabitable.  See Cal. Health & Safety Code § 17920.3(a)(13). 

How Do You Hold Your Landlord Responsible? 
 
If after being notified, your landlord refuses to remedy the toxic mold problem in your rental unit, you may need to contact a tenant rights law firm that specializes in protecting the rights of tenants and that can help you navigate the legal process.  A tenant rights firm can help you file a claim or lawsuit to enforce your legal rights as a tenant and recover money damages for the harm you suffered.  

How Do You Build A Case? 

Your health and safety should always be the primary concern.  Nonetheless, while you are addressing and remedying any mold-related illness, you can also simultaneously build a toxic mold case. 

Test Your Rental Unit.  Getting a mold test done for the affected areas in your rental unit can be a way not only to provide further proof that your landlord needs to help you address the situation, but also helps build your case in the event that you need to file a claim or lawsuit against them down the road.  While you can get a do-it-yourself mold test on Amazon or at The Home Depot for less than $50.00 to prove that there is mold in a specific area of your apartment, these types of tests are usually not very helpful in court.  When shopping for a mold-testing company, it is important to find out if they will provide lab results to give you a spore count on the types of mold found in your unit. 

We recommend the International Society for Environmentally Acquired Illness, the American Council for Accredited Certification [search for CIEC (council-certified indoor environmental consultant), CMI (council-certified microbial inspector), or CMC (Council-Certified Microbial Consultant)], and the Institute of Inspection Cleaning and Restoration Certification. 

Test Your Body.  Test your body for mycotoxins so that you can properly detox.  It can also be helpful in court to link the mycotoxins or molds in the rental unit to your body.  It is best to do this test while you are still in the home or immediately upon leaving.  You can order the tests directly through Realtime Lab.  

Discard Or Remediate Contaminated Personal Property.  If your exposure has been so extensive as to make you sick, your personal property also likely has been contaminated.  When you move, you may need to discard or remediate your personal property so that it doesn’t continue to make you sick.  This website provides some instructions as to what you can save.  It is also a good idea to speak with the mold inspector about what is safe to keep versus what should be discarded. 

Remediate.  It is very difficult for mold to be remediated, and often remediation makes the exposure worse and the tenants sicker.  In California, your landlord is responsible for providing you with a habitable unit and is therefore responsible for the remediation.  To ensure the safety of tenants, your landlord should hire a licensed remediator and follow the express instructions of the (independent) mold inspector.  Following remediation, the mold inspector should take the tests again to ensure that the mold and mycotoxins are gone. 

Start Treatment With A Qualified Health Care Professional.  Once your body has been exposed to toxic mold, you need to find a health professional who can walk you through the detox process.  The goal is generally to remove, detox, and restore.  The first and most important step is to remove yourself from the exposure, which typically means vacating the rental unit with toxic mold—either temporarily or permanently.  While leave your home is never easy, your health and safety always takes precedence.  You may be able to find a mold-literate doctor through the International Society for Environmentally Acquired Illness or Dr. Crista’s Doctor Finder.  Here are some practitioners:

Once you have a mold test showing how much mold and what types are in your unit, you can show the test to your doctor and ask if they can provide you with a mycotoxin test.  If the mycotoxin test comes back showing that you have elevated levels of mold in your blood, you can ask your doctor to provide you with a statement on how they believe the mold at your rental unit is affecting you negatively.  This provides you with evidence you can share with a tenant rights law firm to determine whether you may be able to be compensated for the harm you have suffered, including reimbursement for medical bills, moving expenses, a rent refund, (potentially) the loss of use of a rent-controlled unit, and, of course, for any bodily, mental, and/or emotional injury. 

What Next? 

Toxic mold can be serious health hazard with the potential for long-term health consequences that should not be taken lightly.  If you suspect the presence of mold in your rental unit and your landlord refuses to address the problem, be sure to get help in navigating a potentially dangerous situation.  We at Tenant Law Group have handled numerous toxic mold cases and have the experience, resources, and knowledge to assist California tenants who have been exposed to toxic mold. Call (415) 727-9199 or email intake@tenantlawgroupsf.com for a Free Case Evaluation.