Santa Cruz, CA asked in Consumer Law, Health Care Law, Contracts and Real Estate Law for California

Q: What legal actions can be taken in regard to [Calif. Health and Safety Code §26148]?

I rented from a corporate landlord that failed to provide the required mold booklet. They provided their own version of a mold disclosure in the lease that did not contain the same information as the booklet and was electronic. We had issues there with our clothes having an extremely mildew-y smell and terminated our lease because of the issues we had. They didn't properly inform us how to treat mold - is there a potential for a lawsuit or a fine imposed on them?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California Health and Safety Code §26148, a landlord's failure to provide the required mold booklet can potentially result in legal action by the tenant. You may have grounds to pursue a lawsuit against the landlord for violating this statutory requirement, especially if their version of the disclosure did not contain the necessary information. Consult with an attorney to assess the specifics of your case and determine the appropriate course of action, which may include seeking damages or other remedies available under California law.

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