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  1. #1
    Join Date
    Jun 2016
    Posts
    1

    Default Landlord Failed to Disclose Toxic Substances in a Rental Property

    My question involves landlord-tenant law in the State of: California
    My landlord is greedy and shady. My landlord has never disclosed the presence of toxic substances that are present in my rental and around the complex. Asbestos in units (gas heater pipe), lots of vehicle exhaust (door is 3 feet from main driveway), mold, tobacco smoke, bug spray every month, etc, etc.
    Landlord/property agent employs more than 10 people, so I believe they should also have a prop 65 warning sign posted on the property in common area(s)?

    25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual

    I have read there are some severe penalties for not disclosing the presence of these chemicals, sometimes to the tune of $2500/day penalty. What I am not clear on is how to go about it. I see the Calif Attorney General can get involved with the complaint http://oag.ca.gov/prop65

    My end goal here: My landlord has broken a serious law regarding health/safety, and has been charging higher rent than is warranted for a rental that does shave some dangers. I would like discounted rent going forward (not indefinitely, but for a good while), and for as many of the toxic substances to be removed/minimized as possible.

    In my lease, I have agreed to mediation before pursuing court action, what is a good way to get this ball rolling? I see they need to be served with a 60 day prop 65 violation letter, but I am not clear on if I need an attorney to do that, or if I should do it less formally. Or do I immediately Efile with attorney general? This management company has something like 700 rental units, and I guarantee they are violating prop 65 for each tenant. I want to maintain leverage here.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Violates Prop 65

    Why don't you just move based on the habitability issues?

    Here's the catch.

    Staying there while you litigate and attempt to get money means the conditions aren't really harmful to you which means you waste your time and get nothing.

    If they were harmful to you, you would just pack up and leave and raise that harm as a defense to any action taken by the landlord.

    Catch 22.

    You have no leverage.

  3. #3
    Join Date
    Feb 2010
    Posts
    15

    Default Re: Landlord Violates Prop 65

    Not true, there are many steps they can/should take to lessen the exposure to toxic substances. Not trying to get money, I think them fixing the problems and a break on rent is fair. You need to read up on the seriousness of Prop 65.

  4. #4
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Landlord Violates Prop 65

    Enforcement is carried out through civil lawsuits brought by the California Attorney General, or by a district attorney or city attorney of a city with a population exceeding 750,000. Private parties acting in the public interest can also bring Proposition 65 lawsuits, but only if they have provided at least 60 days notice of the alleged violation to the business, as well as to the Attorney General and the appropriate district attorney and city attorney, and the Attorney General, district attorney or city attorney has not taken action. The notice must provide adequate information about the alleged violation and comply with the requirements specified in the regulations. (CA Code of Regulations, Title 27, Section 25903, and Title 11, Sections 3100-3102)

    If a business is found to be in violation of Proposition 65, a court may order the business to stop committing the violation. The business is also subject to civil penalties of up to $2,500 per day for each violation.

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