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Landlord's Duty to Inform Tenants of Mold

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  • 04-29-2018, 06:33 AM
    Victoria26
    Landlord's Duty to Inform Tenants of Mold
    My question involves landlord-tenant law in the State of: California

    After moving in I noticed mold growing around the windows, which code is it that states that the tenant needs to be informed by property manager prior to siging that molding occurs within units?
  • 04-29-2018, 12:36 PM
    Mr. Knowitall
    Re: Landlord's Duty to Inform Tenants of Mold
    Under California Health & Safety Code, Sec. 17920.3(a)(13), a building may potentially be deemed substandard if there is present "Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use." The mere presence of mold is not sufficient to render a building substandard: there must be a finding by a health officer or code enforcement officer that the mold poses a risk of harm to occupants.

    No duty to repair exists until the landlord is notified of the presence of mold:
    Quote:

    Quoting California Civil Code, Sec. 1941.7.
    (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2.

    (b) A landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord complies with the provisions of Section 1954.

    If there was no mold present when you moved in, there would be no duty to inform you of mold.

    If mold grew on the windows due to condensation during cooler weather, while you can raise the issue of condensation with your landlord, that's minor surface mold that you, as a tenant, should be cleaning off of the windows. You can avoid that type of mold entirely by periodically wiping off the condensation.
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