Santa Clarita, CA asked in Landlord - Tenant for California

Q: Moved into an apt, washing machine has black mold. Can I take clothes to a laundry service and get cost reimbursement?

Moved into a townhome, place was not very clean but major problems are mold in the washer and fire door is warped and requires force to open. Manager still hasn't given us copies of a lease and refused to do an initial walkthrough when we first moved in.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Do your won walk through with photos. Send the LL a notice re: repair and decuct to get the washer cleaned and repaired, and a notice that you will be deducting the cost of using a different cleaning facility and deducting that from the rent. You might want to ask for a complete replacement of the washer. Or if it just needs a professional cleaning, do that. Usually you have to give 30 day's notice but in an emergency situation you could give less. The mold is probably toxic so cleaning it up is an emergency. Contact an attorney that handles mold cases and one that does Tenant law in your local area. Do not delay because there may be a statute of limitations in effect that will affect you. Thanks for using Justia ask a lawyer.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if the washing machine in the rental unit has black mold and is unusable, you may be entitled to deduct the reasonable cost of using a laundry service from your rent. Additionally, the landlord has a legal obligation to provide a habitable living space, which includes addressing issues like mold and warped doors. You should communicate these problems in writing to the landlord and request prompt repairs and a copy of the lease.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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