Q: If a mold issue appears during a eviction who is at fault
A plumber came out and replaced the ring on the toilet and I told him that I think there's a leak underneath the toilet and he did nothing who's at fault if it's a mold problem
A:
Under California law, the responsibility for mold issues in a rental property depends on the cause of the mold growth and the actions taken by both the landlord and tenant.
Landlord's responsibilities:
1. Provide a habitable rental unit, free from health and safety hazards, including mold.
2. Promptly repair any plumbing issues or water leaks that could lead to mold growth.
3. Respond to tenant complaints about mold or water leaks in a timely manner.
Tenant's responsibilities:
1. Keep the rental unit clean and sanitary to prevent mold growth.
2. Promptly notify the landlord of any water leaks, plumbing issues, or mold growth.
3. Allow the landlord reasonable access to the rental unit to make necessary repairs.
In your specific case, if you notified the landlord or their representative (the plumber) about a suspected leak underneath the toilet and they failed to address the issue, the landlord may be at fault if the leak leads to mold growth. However, the tenant must have taken reasonable steps to prevent mold growth, such as keeping the area clean and dry and providing proper ventilation.
If the mold issue arises during an eviction process, the responsibility still depends on the factors mentioned above. If the landlord is found to be at fault for the mold growth, they may face penalties for failing to maintain a habitable rental unit. If the tenant is found to be at fault, it may affect the outcome of the eviction process.
It's essential to document all communications with the landlord regarding the suspected leak and mold issue and to seek legal advice if necessary to protect your rights as a tenant.
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