What Types of Mold are Landlords Responsible for?
Mold is a simple, microscopic organisms that thrives in damp, moist areas, and can generally be identified by discoloration on an object’s surface, or a keen, musty scent. While Los Angeles is generally thought of as a drier climate, no unit is immune from instances of condensed moisture, accidents, or leaks. Healthy amounts of mold are present everywhere, but mold growth in excess could be costly for both landlords and their tenants.
What are the Harmful Effects of Mold in the Home?
Mold grows by digesting organic materials (i.e. wood, dust, paper, food), so it naturally destroys the surface or object on which it grows. Overgrowth can lead to weakened building foundations, pipe and electrical corrosion, and a dilapidated home appearance. Mold can also weaken the immune system causing allergies and inflammation to flare, along with eye and skin irritation, increased risk of asthma, and various other respiratory concerns.
Because mold can lead to the disruption of your home’s health and structural standards of habitability, understanding more about its commonalities is imperative.
Common Causes of Mold in Los Angeles
Mold will grow wherever there is moisture, as reflected by Los Angeles’s most common causes of mold growth:
Leaky or Burst Pipes: Water leaks can create an extremely conducive environment for mold to grow. Unaddressed water management issues often lead to harmful mold production.
High Humidity: Coastal areas, such as Los Angeles or San Diego, are prone to humid conditions, which promotes indoor mold growth.
Poor Ventilation: Inadequate ventilation can trap moisture indoors, creating favorable conditions for mold growth.
Condensation: Los Angeles can experience rapid temperature fluctuations. When warm, humid air meets cooler surfaces, condensation can form, producing moisture that fosters mold growth.
What are Kinds of Mold are Landlords Responsible for?
California Law, specifically Cal. Health & Safety Code § 26147 (2022), requires that landlords provide their tenants with written notice of mold prior to either party signing a rental agreement, when they know or should be aware by reasonable inspection that mold is present in the unit.
This standard applies to any mold that exceeds the permissible exposure limits, or poses a health threat, which is defined by the California Department of Health as “presence of water damage, dampness, visible mold, or mold odor.” While black mold is often referred to in the discussion of toxic molds, it is largely unproven which molds are more treacherous than others. Because of this, the CDPH holds that landlords and tenants approach the discovery of any mold with the same procedures.
According to the California Health and Safety Code HSC §17920.3, when dampness or visible mold poses a health threat to the tenant, the landlord or property owner is responsible for ameliorating the substandard living conditions. This does not apply to surfaces that accumulate moisture as part of their properly functioning and regularly intended use (bathtubs, sinks, and laundry fixtures, for example).
Because mold is classified as a major health risk, landlords are responsible for resolving issues of toxic mold urgently after discovery.
What Should a Tenant Do When They Discover Mold?
When a tenant discovers mold in their unit, it is imperative they contact and inform their landlord of the discovery immediately. Prompt action can help prevent serious building damages and health risks, saving both landlord and tenant time, money, and energy.
The landlord is responsible for fixing the substandard mold conditions; however, if they do not respond in a time sensitive manner, further tenant action can be taken. In the instance of landlord ignorance or denial of toxic mold in the unit, a tenant can contact their local city code enforcement agency to request an inspection of unsafe living conditions.
If they deem the issue to pose a health threat, an enforcement officer can then require the landlord to correct the damages. In Los Angeles, Public Health Enforcement with regard to mold can be reached at 888-700-9995.
Tenants Law Firm is here to help. If you are in need of any legal assistance, contact us by calling (310) 432-3200 or by using this form.