Are you a tenant? Do you have or think you have mold in your rental? What if your landlord won’t do something about it? Clean Earth Restoration offers some basic information about mold remediation for San Diego tenants.
According to the California Department of Public Health, indoor dampness and mold can cause inflammation, allergy, or infection. Health effects in both allergic and non-allergic people include runny nose, upper and lower respiratory symptoms (such as sore throat, congested sinuses, wheezing, shortness of breath), asthma attacks in those who already have asthma and causation of asthma in those who don’t, acute brochitis, eye irritation, and skin rashes or irritation.
Unfortunately though the health effects of dampness and mold are commonly agreed upon, California law does not address mold in regards to rental habitability. The CDPH website cites that “mold” has not been listed as a habitability issue for California rental property in code or regulation.
However, in a document published by the California Department of Consumer Affairs called “California Tenants – A Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities there is a mention on page 39, according to the CDPH, that may be useful for tenants:
” ‘… the presence of mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants’ may be a way in which the implied habitability of a unit is violated and that a tenant may be able to claim a breach of the implied warranty on the basis of documented contamination.”
The reports that followed up the 2001 Toxic Mold Protection Act (SB 732, Ortiz) state that “indoor dampness, water intrusion, or fungal growth should always be eliminated in a safe and efficient manner” and that “the presence of water damage, dampness, visible mold, or mold odor in schools, workplaces, residences, and other indoor environments is unhealthy.” They also recommend “addressing water damage, dampness, visible mold, and mold odor by (a) identification and correction of the source of water that may allow microbial growth or contribute to other problems, (b) the rapid drying or removal of damp materials, and (c) the cleaning or removal of mold and moldy materials, as rapidly and safely as possible, to protect the health and well-being of building occupants, especially children.”
The Centers for Disease Control and Prevention make these recommendations to renters whose landlords or builders will not take responsibility for mold in the home: “Contact your local board of health or housing authority. Applicable codes, insurance, inspection, legal, and similar issues about mold generally fall under state and local (not federal) jurisdiction. You could also review your lease or building contract and contact local or state government authorities, your insurance company, or an attorney to learn more about local codes and regulations and your legal rights. You can contact your county or state health department about mold issues in your area to learn about what mold assessment and remediation services they may offer.”
For San Diego tenants, housing complaints can be directed to the County’s Housing Division. Information can be found on their web page dedicated housing complaint information.
Disclaimer: Clean Earth Restorations provides this information for information only and accepts no liability for the content, possible errors or omissions, or any actions that may result from the use of this information.
If you have any questions about mold remediation or water damage repairs please contact us for a free estimate. We would be happy to help: