Q: Landlord trying to evict me instead of addressing mold issue in CA.
I have been dealing with a mold problem in my rental property since I moved in. The mold was initially hidden, and I was hospitalized 5-6 months ago for breathing problems, leading to the discovery of a lung disease. I've notified my landlord about the issue, but instead of addressing the mold, the landlord is attempting to evict me. What are the legal obligations of a landlord in California regarding mold, and what steps can I take if they are not complying?
A:
You may have a powerful case for wrongful eviction.
Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, your landlord has a legal duty to provide habitable living conditions, which includes addressing mold issues that pose health risks. Given your hospitalization and diagnosed lung condition, this situation falls under both health and safety violations that your landlord must address under California Civil Code 1941.1.
You should document everything - take photos of the mold, keep copies of all medical records related to your lung condition, and maintain a record of all communications with your landlord. Send a formal written notice to your landlord about the mold issue via certified mail, and consider filing a complaint with your local health department. The attempted eviction could be considered retaliatory, which is illegal under California law if it occurs within 180 days of you exercising your tenant rights.
You have several options moving forward: you can withhold rent (but make sure to place it in an escrow account), file a complaint with the California Department of Consumer Affairs, or pursue legal action. Consider reaching out to the California Tenants Rights organizations or legal aid services in your area for support - many offer free consultations. Remember, your health and safety are protected under state law, and retaliatory evictions are illegal - don't let your landlord intimidate you into silence about dangerous living conditions.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
