Legal Question in Civil Litigation in California

I rented a house from a company that did not disclose the fact the house had a major flood. Mold became a serious problem and I sent notice that I was moving in 30 days because of the non-disclosure of the flood. Am I able to sue for all rent paid, infliction of health risks and punitive damages?


Asked on 5/18/10, 4:07 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The failure to reveal a material fact as to the rental contract makes it voidable by you. You can sue for the rent you paid but you would probably have to give some credit for the value of living there for the time you stayed. To sue for health risks you would need to show some likely adverse effect upon your health, which you probably can not do. I doubt you could collect punitive damages as the conduct was not so outrageous so as to offend the general public.

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Answered on 5/23/10, 4:31 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You can only sue for damages that you have actually sustained and can prove. You cannot sue for speculative furture damages which you think you might incur. With respect to your rent, even if you prove your claim and void the agreement the landlord would be entitled to the reasonable rental value of the property with the additional condition. Keep in mind, if the landlord did not know about the mold and thought it had fixed all of the problems you might not be entitled to any more than voiding the contract, if that. I don't see any circumstance in the facts that you presented which would entitle you to punitive damages.

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Answered on 5/24/10, 9:27 am


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