California Renters and Landlords cringe when it comes to the topic of mold. But what are the rights of each party when a concern comes up about potentially toxic mold?
In 2015 the California state legislature passed SB-655 to provide more clarity and offered up protections for landlords against what were considered eviction-delaying tactics by tenants and their legal counsel.
While the new California law did add the condition of “visible mold” to the list of conditions that can make a property substandard, SB-655 offered property owners a number of protections from “bogus” claims of mold contamination:
Visibility: The mold growth must be visible. Air tests that tenants attempt to use to delay evictions and avoid payment of rent are not acceptable.
Confirmation: The mold must be determined by a health officer / code enforcement officer to rise to a significant level that endangers the life, limb, health, property, safety or welfare of the public or the occupants.
Location: The law excludes from the substandard code mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use – such as bathroom showers and window sills.
Notification: The owner must have received notice that the mold exists in order to have any obligations under the law.
Responsibility: The owner is not on the hook if the tenant caused the mold by failing to properly clean the unit or failed to use electrical fixtures to like bathroom fans to keep mold out.
Accessibility: The law makes clear that the landlord has the right to enter the property to make repairs and clean up any reported mold. In some situations today, a landlord receives notice, but the tenant refuses to allow the owner in to address the issue.
Do you have concerns about your own residence, school, or business? For more information, or to schedule a Mold Inspection, Lead-Based Paint Inspection, Radon or Asbestos Inspection in Santa Clarita, the Antelope Valley, Ventura County, or Greater Los Angeles area you can submit an online request, call us (661) 219-5160 or email request to [email protected]
About Mailman Environmental
Mailman Environmental is Southern California’s leading consultant for indoor air quality testing, asbestos, mold, lead, VOCs, formaldehyde, soot, char, ash, and smoke damage, particulates, and other chemicals. Mailman Environmental and it’s contractors and vendors maintain an extensive list of certifications and accreditations from the State of California, Department of Public Health, and numerous professional organizations. Mailman Environmental proudly serves all of Southern California including Santa Clarita, Antelope Valley including Palmdale and Lancaster, Ventura County, San Fernando Valley, and the Greater Los Angeles area.
Sources:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB655
https://caanet.org/newly-signed-mold-bill-protects-both-landlords-and-tenants/