Legal Question in Landlord & Tenant Law in California
I have black mold in my apartment, in the bedroom, and my landlord has send some people to remove the mold. The workers has remove drywall and carpet. This cleaning and putting back the wall and carpet will take at least 12-14 days. They had to remove everything from the bedroom and put it in the living room. There is hardly any place to even sleep on the floor.
My question is should my landlord provide my family (husband,wife and 7 year child) a place to stay.
2 Answers from Attorneys
Absolutely the landlord should have moved you out before the work started, provided you with housing, and safeguarded all of your personal property while remediation occurred. Contact the local housing agency - what happened sounds like you are being taken advantage of. You should not be living in the apartment while remediation of black mold takes place! I would also investigate whether the company doing the work is even licensed to do so - anyone in that business would know, and insist that you not be in the property while the work is being performed.
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99.99% of "Black Mold" is nothing but common mildew. The whole "black mold" scare was fabricated by lawyers and "remediation" companies, and has pretty much entirely been debunked and thrown out of most courts. Now that is not to say that you do not have a right to have a mildew problem cleaned up and any water intrusion problem that is causing mildew fixed. It also sounds like this was disruptive enough that you are entitled to some relief. However, if the landlord has to do repairs that force you out of your apartment, or should have forced you out of your apartment, you should have your rent for that month reduced by the per-day amount of your rent for the days of the repairs. That would then give you money to stay somewhere else.
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