Legal Question in Landlord & Tenant Law in California

chance of reimbursement for mold damages

We found a severe mold infestation in our apartment after living there a year. The mold covers all our possessions. There is green carpet and a very distinct smell, both of which were present when we moved in a year ago. Because of this we believe the previous tenant had a mold problem and this was not disclosed to us. The manager admitted the mold must be due to the sprinklers surrounding the apartment hitting the walls every night. We were offered the only available unit to move into. We agreed but found a leak in the bathroom sink. We were allowed to break lease. Given that the mold was due to the sprinklers and the exterior walls were not waterproofed properly, what are the chances we will win in small claims court if we sue them for damages and loss of our possessions?


Asked on 8/18/03, 1:53 pm

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: chance of reimbursement for mold damages

Good. The lease should state that the landlord is responsible for maintenance to the exterior. If he has acted negligently by failing to maintain the property and this results in damages you should be entitled to some recovery. The problem is that you have to prove that the mold came from something that the landlord failed to do. He could always argue that you brought the mold or caused the mold to grow. Make sure you have evidence and proof regarding the origin of the mold. Good luck and thanks for inquiring.

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Answered on 8/19/03, 2:22 pm


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