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  1. #1

    Default Is a Landlord Liable for Mold Damge to a Tenant's Property

    My question involves landlord-tenant law in the State of: California

    I informed my property mgr in July 2014 of a moldy smell when I moved in. In Oct 2014, I showed them white fury mold completely covering 2 pair of pants in my bedroom closet. The mgmt did not get a mold insp either time. Aug 9, 2015, I found at least 20 items, mostly in my bedrm closet, but all over my apt, with white mold. Again I showed my property mgmt & requested a mold insp. They ignored my requests. I told them I ordered my own mold insp, which prompted them to finally order one. Very high levels of Aspergillus/Penicillium mold was detected.

    I am currently in a temporary apt until one is available to move into. I asked about my content replacement & was told by the property mgr I would be compensated for the Oct items & new ones. She requested an itemized list, which I provided. I received a response a few days later stating I would continue to allow me to stay in the temporary apt rent-free until another apt is available and "pay for the [sic] all the dry cleaning, alternatively give a full refund of the security deposit if you elect to move out." Apparently, they don't feel responsible for replacing any of my mold-infested contents, but either way, I am not sleeping on the mattress and box-spring or futon mattress, nor am I going to dry-clean clothes with mold already on it.

    I'm not sure of my rights as a tenant as far as what the landlord is responsible for with regards to my belongings, or utilities that I am still paying at my original apt versus the utilities in my temporary apt that I did not setup in my name. The mgmt co put me in the model apt that is not typically used as a rental, so the utilities are in the name of the property mgmt co (I assume), but can they charge me for them?

    Thank you in advance for whatever advice is provided.

  2. #2
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    Default Re: Is a Landlord Liable for Mold Damge to a Tenant's Property

    You have not indicated that you have any items so damaged by mold that they cannot be cleaned, in which case cleaning is a perfectly appropriate remedy. If you can show greater damage, you can argue with your landlord for greater compensation.

    You can ask your landlord if you will be charged for utilities in the temporary apartment. If you are not planning on returning to your former apartment, you can discuss with your landlord when and how you should take utilities out of your name. If you pay utilities through your landlord, it is reasonable for you to pay utilities for only one apartment.

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