Per California law, mold is one condition that can render a residence substandard. A landlord whose rental unit is cited by a city or county building inspector as substandard is required by law to repair the condition. If the landlord does not repair the mold condition within 35 days, they may have to answer to their tenant, as noted below. There are other laws regarding mold in residential rental units as well.
The city of San Francisco has enacted a municipal law that identifies mold as a “public health nuisance.” This puts it in the same status as accumulated trash or pest infestation. A landlord should prevent it, and if a mold problem arises, a landlord should fix it.
This municipal law gives tenants in rental units in San Francisco the legal right to file a lawsuit naming their landlords as defendants. The lawsuit would allege that a landlord has violated city nuisance laws if they have not removed any identifiable mold located in the interior part of a building. Other cities have comparable municipal ordinances.
In California, the warranty of habitability that is implied in every residential lease may also offer tenants a solution to a toxic mold problem in their rental residence. This implied warranty of habitability defines a landlord’s duties regarding mold and other conditions in a rental unit that may make it uninhabitable.
California tenants who believe they have been harmed by the presence of high concentrations of black mold in their residential rental unit may sue their landlord in court for damages to compensate them for their losses.
As in the case of other personal injuries, they would claim negligence on the part of the landlord. If a court finds that the person’s landlord was negligent in failing to prevent or failing to fix a mold problem in a residential rental, the person could be awarded compensatory damages.
Of course, to succeed with such a lawsuit, a person would have to prove in what way the landlord was negligent and how the negligence caused a mold problem in the person’s residence. In some circumstances, this may be challenging. However, a tenant has other options as well, as noted below.
What Is a Toxic Mold?
There are many types of mold, including black mold. The mold, Stachybotrys Chartarum, is the mold that people refer to as ” toxic mold.” However, all molds can cause adverse reactions in people who are allergic or sensitive to molds or certain kinds of mold. Medical experts tell us that black mold is, in fact, not any more dangerous than any other kind of mold.
Black mold is common, growing on cotton, wood, and paper. It may also have a greenish tint. Black mold sometimes produces toxic chemicals that are spread when the spores or fragments of the mold become airborne.
These airborne spores and bits are referred to as “mycotoxins.” If a person eats these spores and bits, they can become dangerous. Simply inhaling the mycotoxins of Stachybotrys Chartarum does not cause any kind of fatal illness. They do, however, present risks to people who are allergic to them or who have asthma and other hypersensitivities.
There is no scientific evidence that black mold causes symptoms such as fatigue, memory loss, an inability to focus, or headaches. Apparently, what is referred to as “toxic mold syndrome,” which supposedly causes these symptoms, is a creation of the media. As is the case with many medical issues, much false information about toxic mold and its effects can be found on the Internet.
Still, some people have an allergy to black mold and other molds as well, and a person should remove it from their home and try to prevent it from developing.
How Do I Prove That a Mold Is Making Me Sick?
If a person believes they have symptoms of toxic mold exposure, their doctor would most likely first do a general physical examination to identify or exclude other medical problems. They would then test to see if a person is allergic to mold. Test for mold allergy include the following:
- Skin prick test. This test would use diluted amounts of the black mold found in the place in which a person lives. The mold is diluted. The substance is applied to the skin of a person’s back or arm by way of tiny punctures in the skin. If a person is allergic, a raised bump, commonly known as a “hive,” appears on the skin at the site of the puncture;
- Blood test. A blood test is also possible. It measures the amount of certain antibodies in a person’s bloodstream. A person’s blood sample is tested to detect whether it shows sensitivity to specific kinds of mold.
The best way to deal with a mold allergy is to avoid exposure to mold. However, it can be challenging to avoid them as they are widespread in our environment. There are medications for treating the symptoms of mold allergy. They are not cures, but they alleviate symptoms.
- Nasal corticosteroids. These are nasal sprays that treat inflammation caused by an upper respiratory mold allergy. For many people, they are quite effective and safe for long-term use;
- Antihistamines. These medications help with allergy symptoms by blocking histamine. This is a chemical released by the immune system in the course of an allergic reaction;
- Oral Decongestants. Many of the decongestants that are taken orally can raise blood pressure, so a person who has high blood pressure should avoid them. Other possible side effects are insomnia, anxiety, restlessness, and loss of appetite;
- Decongestant Nasal Sprays: These are not recommended for long-term use and may cause side effects such as headaches, insomnia, and nervousness.
Other treatments are available as well. Of course, if a person learns that there is mold in the rental residence where they live that has caused them to have an allergic reaction, they may want to change their residence if that is possible. A toxic mold lawyer may be able to help a tenant decide what to do.
Federal, State, and Local Toxic Mold Laws
There is no specific federal law that deals with a landlord’s responsibilities when it comes to mold. The Federal Occupational Health and Safety Administration (OSHA) regulates health and safety in the workplace and does have regulations about mold in workplaces.
So, employers should monitor mold in the workplace and make sure that any problems are addressed to protect worker health and safety. Employees who suffer from mold exposure in the workplace may file a claim with OSHA.
California law does offer help to tenants regarding mold. For example, under California law, landlords must provide tenants with a disclosure that the mold level in a rental unit is above permissible limits or presents a threat to health. The disclosure must be in writing before the lease is signed. So, a person may avoid renting a place that has a high mold level if they know they have an allergy to mold.
In addition, California law also requires sellers of residential structures with up to four units to inform buyers of any hazardous conditions on the property that they know about. The disclosure must be in writing. Again, landlords can avoid investing in apartment buildings with known mold issues.
It is important to recognize that cities in California may have their own laws that may help tenants deal with mold issues in their residential rental units. A local California attorney would be able to provide information about local municipal options that may be available.
Several cities in California have rent control agencies that give a tenant the right to file a petition against a landlord to have rent payments reduced until necessary repairs are addressed. The tenant who files such a lawsuit would have to prove that there has been a substantial decrease in their housing service because of mold.
One of the problems with this approach is that the tenant must remain in the rental unit, which may be causing them to have a health problem. However, tenants can recover rent for as many as three years prior to the time when they file their petition. Since a tenant must live in the unit, this is not always the best avenue. This may be an option if other options are available.
Another, possibly better, option is to contact the local building inspection agency. This agency may have the authority to force the landlord to complete necessary repairs. They would do this by imposing fines for non-compliance on the landlord.
A tenant would want to be present at the time of the inspection to tell the inspector about the repair issues and the source of mold if they know what it is.
If the landlord fails to fix a problem identified in a building inspection notice within 35 days, a tenant may claim actual damages plus a penalty of $100 to $5,000. A court would determine the amount of actual damages and the tenant’s attorney’s fees. The tenant may also recover an amount for emotional distress.
Who Can Bring a Toxic Mold Lawsuit, and What Evidence Is Necessary for a Claim?
Any person who lives in a residential rental unit may bring a toxic mold lawsuit. As noted above, a person could claim that the landlord was negligent. To succeed with a negligence lawsuit, the tenant would have to prove that the landlord owed them a duty of care and breached that duty. They would have to prove that the breach was the direct cause of injury to the person. They would then have to prove that they suffered economic loss because of their injuries.
In any case, a tenant would have to prove that they have been exposed to toxic mold in their residence. This may prove to be challenging in certain circumstances.
A person may also be able to file a complaint against their employer in connection with mold exposure in their workplace.
What Other Parties May Be Liable for Toxic Mold?
From the perspective of a tenant, the only person who is liable for toxic mold in a residential rental unit would be the landlord. The landlord might possibly have grounds for a claim against a seller of the building in which the unit is located. Or, a landlord might have grounds for a claim against a contractor whose negligent work on the structure may have caused a mold problem.
The buyer of a residential structure, a house, or a condominium might have grounds for a lawsuit against the seller if they learn that the seller failed to disclose a toxic mold issue in their residence. They would sue for intentional misrepresentation or nondisclosure in a civil court.
What Damages Can I Recover for Toxic Mold Injuries?
A tenant is most likely to succeed in dealing with a mold issue through the law of implied warranty of habitability. The actions a tenant may take if their landlord has violated the warranty are as follows:
- Repair and Deduct: This remedy allows tenants to make the repairs to a hazardous condition themselves and then deduct the cost of such repairs from their rent. They may deduct up to one month’s rent. If the necessary repairs would cost more than one month’s rent, a tenant may withhold a portion of their rent until the cost has been reimbursed.
Of course, taking this approach would mean that the tenant must have the funds to pay the person who repairs the problem. If it costs more than one month’s rent, this might be a problem.
Also, the tenant risks eviction if they do not take this step correctly. First, the tenant must ask in writing that the landlord make the necessary repairs. The landlord has 30 days from the date of the request to make the necessary fix. The tenant can then make the repair at their own expense but only to the extent of one month’s rent. If the tenant does this, then they may deduct the amount from the rent.
Another issue with this approach is that the tenant may not know what the source of the mold is. It may be necessary for a contractor to get involved to try to locate it. It may be complicated and more than the tenant can really manage.
- Move Out: Renters may move out if repairs are not made by the landlord within a reasonable period of time. Even if their lease is not at an end, the tenant may walk away from it without penalty.
In a case against a landlord for breach of the warranty of habitability, a tenant may win a return of rent paid and their attorney’s fees.
If a tenant were to sue a landlord for negligence, then they would be able to recover compensatory damages. Damages would compensate the person for the economic loss they incur because of the toxic mold exposure. The person would be able to recover the cost of all necessary medical care they receive, lost wages, and loss of earning capacity. They would also be able to recover an amount for pain and suffering.
What Is the Statute of Limitations on Mold Cases?
A statute of limitations is the time within which a person must bring a lawsuit. In California, generally, the statute of limitations for a negligence lawsuit is 2 years from the date on which the victim suffered their injury.
If a tenant has an oral lease, the statute of limitations for breach of the warranty of habitability is 2 years. If the lease is written, it is 4 years. This means that a tenant can only claim a return of rent paid for the 2 years prior to their claim if the lease is oral and for 4 years prior for a claim that involves a written lease.
Do I Need a California Lawyer Who Deals with Mold Cases?
If you believe that you have been injured by toxic mold in your home, you want to consult a California class action lawyer. Your lawyer would be able to analyze your case, possibly enlisting the help of expert allergists or contractors to provide evidence of the source of mold and the physical effect it has had on you or your loved ones.
LegalMatch.com can quickly connect you to a landlord-tenant lawyer who can review the facts of your case and help you figure out which option would work best for you.
If you believe you have symptoms of toxic mold exposure in your workplace, you want to consult a workplace injury lawyer. Your lawyer will be able to explain your options for getting a mold problem in your workplace corrected.
