What are LA Mold Laws, and What Rights do Tenants Have in Cases of Mold?
In cases of mold, LA tenants have various rights to protect them. Mold is a type of fungal growth that can prove stubborn and difficult to address, posing serious health and sanitation risks for tenants. Mold grows in environments with plenty of moisture, and can spread throughout a house or apartment, growing in bathrooms, basements, and even in walls. In order to reproduce, mold produces spores that can be harmful to one’s health, causing dangerous respiratory issues and serious problems for those with asthma and allergies.
What are the laws around mold in LA?
Because mold is both hard to get rid of and imposes dangerous health implications, various laws have been introduced to protect tenants in cases of mold.
The Implied Warrant of Habitability
Notably, the Implied Warrant of Habitability is a California Civil Code (CA Civil Code 1941.1) which states that landlords are required to ensure that their properties feature sufficient living conditions for residents and proper maintenance in order to facilitate such conditions. This means that if a property features living conditions that are considered substandard under the Implied Warrant of Habitability, tenants are able to proceed under the protection of this civil code.
Under CA Civil Code 1941.1, mold is considered a substandard condition in housing. Because presence of mold violates the Implied Warrant of Habitability, landlords are required to immediately address the mold to restore proper living standards.
The 2001 Toxic Mold Protection Act
Additionally, another piece of protective legislation is the Toxic Mold Protection Act. It was passed in 2001 and protects tenants by requiring that landlords disclose the presence of mold in a property.
What are landlords responsible for in cases of mold?
The presence and growth of mold in a property violates the Implied Warrant of Habitability and must be remedied by landlords right away. After being notified of the presence of mold by tenants, landlords have 30 days to remove mold.
Tenants are also entitled to certain actions if mold is discovered to be present in a property, including the following:
1. Tenants are entitled to withhold rent until suitable living conditions are restored
2. Tenants can terminate their lease due to mold
3. If they chose to pursue repairs themselves, tenants may deduct the costs of such services from their rent
4. Tenants are entitled to seek legal remedies for losses and damages, meaning they can sue over the issue of mold.
What are landlords not responsible for in cases of mold?
California Senate Bill 655 details housing standards as they relate specifically to mold. The bill explains that mold is not considered a substandard condition in housing when it is “minor” and when it occurs as a result of normal, regular use on surfaces that are expected to collect moisture (for example, in sinks, showers, or drains).
What do you do if your landlord does not address the mold?
If a landlord does not address the presence of mold within the designated window of time, tenants are entitled to take legal action against them. Tenants can report any concerns to the Los Angeles County Department of Health, or to the City of Los Angeles Housing Department.
Mold can be dangerous and troubling, especially in cases where landlords do not comply with their legal obligations.
If you are struggling with mold, please do not hesitate to request for assistance or guidance through this intake link. We will get back to you as soon as possible.