Hayward, CA asked in Libel & Slander, Personal Injury and Landlord - Tenant for California

Q: I have toxic mold in my unit I have done a quick in home test and came back positive I withheld the rent. I need help

I have a major leak from upstairs unit still and i notified the landlord. She served me with an unlawful detainer which we went to court on last Friday. I was ordered to pay her 1600 by the 16th or be moves out by the 31st. Me and my kids have been sick numerous times since we moved in January. I have lots of evidence including text and pictures and videos

2 Lawyer Answers

McCall Baugh

  • San Francisco, CA
  • Licensed in California

A: There are many laws that protect renters in California, and many local ordinances may apply based on what city you live in. I strongly recommend speaking to an attorney that knows mold cases well. I recommend Cheryl Bossio: http://members.calbar.ca.gov/fal/Member/Detail/158290

Manuel Alzamora Juarez

  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: That is unlawful detainer court for you. Unfortunately, there is no defense against non-payment of rent. But, if you have medical records and a viable leak, then there is hop. You may have a separate case for the mold and breach of the warranty of habitability. Call a lawyer that specializes on mold and humidity on the walls. Best of luck.

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