Legal Question in Landlord & Tenant Law in California

My good friend and I co-own an oceanfront condo in San Diego. Our tenant is threatening legal action to retrieve rent-to-own option money he escrowed to us as part of a rental contract he signed in October of last year. His basis is that wood flooring has been compromised due accidents prior to his moving in. He's claiming black mold contamination now from such accidents and not being disclosed of them. He has threatened to take legal action to retrieve his option money and more unless we give it back to him and allow him out of his lease.

We are concerned about the legal ramifications of black mold or otherwise as landlords in California. We believe we as landlords have the right and duty to remedy the problem before a tenant can bring legal action.

In California, what are we obligated to do to address our tenant's concerns? We are very concerned given that he�s made very serious threats to take legal action against us in pursuit of his option money.

What condo history information were we required to provide him about the property when he signed the rental lease portion in October?

It is likely that our tenant will withhold rent from us until this gets resolved in his favor. What are his legal rights to withhold rent from us? Further, what is the process for retrieving withheld rent from him?

We just want to remediate the problem, repair the damaged floors, and hold the tenant to his obligation to perform his part of the option contract through October, 2014. We believe that in correcting the floors and visible mold, we are upholding our obligations as landlords to address a problem and provide a safe living environment.

Any answers to our questions above or direction for further advice is much appreciated.


Asked on 4/16/14, 3:30 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Mold is a serious health hazard. You should promptly have it inspected and remediated. If needed, yout should offer to relocate your tenant while the remediation is taking place.

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Answered on 4/17/14, 6:39 am
Anthony Roach Law Office of Anthony A. Roach

Mold is a health hazard, but it is caused by heat, water, and organic material. It is not caused by wood flooring, although it may be present in wood flooring where a leak occurred. As you can see from Mr. Tashjian's response, it can be a health hazard that would subject you to liability for personal injuries. You need to verify that there is mold, find the cause of the mold, and have it remediated as soon as possible.

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Answered on 4/17/14, 3:02 pm


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