Mold in Your Rental?
Know Your Tenant Rights in California
Protect your health and rights.
Hold your landlord accountable for mold negligence.
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 to seek legal advice.
What Is Mold and
Why Is It Dangerous?
Mold is a type of fungus that grows in moist environments, particularly where there is high humidity or water damage. Mold spores are found both indoors and outdoors, but indoor mold growth can become a serious problem if not addressed.
Types of Mold
Health Risks:
Exposure to mold can cause various health problems, especially for people with asthma, allergies, or weakened immune systems. Symptoms can range from mild irritation to more serious respiratory issues like shortness of breath, persistent coughing, and even lung infections.
Learn more about mold and health risks from the California Department of Public Health.
Stachybotrys (Black Mold)
Often found on building materials like drywall and wood, this type of mold can cause severe respiratory issues.
Aspergillus
A common mold that can produce allergens and irritants.
Penicillium
Known for its blue-green color, this mold can be found in water-damaged materials such as carpets and wallpaper.
Common Causes of
Mold in Rental Units
- Leaky Roofs or Windows
- Poor ventilation in kitchens or bathrooms
- Plumbing leaks
- Flooding or water damage
- Unsealed basements or foundations
When moisture is allowed to persist, mold can quickly develop. It’s the landlord’s responsibility to address these underlying issues to maintain a habitable environment for tenants. Failure to do so can result in serious health consequences for residents.
Mold may not always be visible, but there are telltale signs that tenants should watch for, including:
- Visible Mold
- Musty Odor
- Water Damage
- Health Symptoms
Learn more about how to spot mold from Los Angeles County’s Mold Resource Page
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).
Health Risks
Associated with Mold
The California Department of Public Health (CDPH) notes that symptoms of mold exposure can vary depending on the type of mold and the duration of exposure. For detailed health guidance, visit the CDPH Mold Information Page
Your Rights as a
Tenant in California
California law requires landlords to maintain their rental properties in a habitable condition, which includes being free from hazardous mold. Under the state’s “Implied Warranty of Habitability,” tenants have the right to a safe living environment, and landlords are obligated to repair mold issues caused by leaks, flooding, or other structural problems.
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.
Steps to Take if You Find
Mold in Your Rental
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. It is also very important to closely follow the “before the test” instructions as provided by a mold test company or do it yourself test to ensure accurate testing results. Airing out a potentially moldy unit before a test or doing an immense amount of cleaning with bleach before a test can lead to lab results that do not reflect your actual situation.
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.
Companies like “The Mold Test Company” https://moldtestcompany.com/mold-testing/ can not only get you connected with a mold inspector who can test your unit, but also provide at home mycotoxin testing.
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. You may also be able to ask your doctor to refer you for mycotoxin testing which can potentially help get the test covered or partially covered by your insurance.
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.
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.
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 leaving 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.
Additional Resources
California Department of Public Health – Mold
Los Angeles County Department of Public Health – Mold Information
Environmental Protection Agency – Mold Resources
Occupational Safety and Health Administration (OSHA) – Mold Hazards and Prevention
World Health Organization (WHO) – Guidelines for Indoor Air Quality: Dampness and Mold
Where Can I Get Legal Help as a Tenant in California?
If you are a California Tenant dealing with mold issues and Tenant Law Group is unable to represent you directly, the following legal aid and advocacy organizations can assist.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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