Legal Question in Landlord & Tenant Law in California

Is my landlord responsible for my health condition? Over a three week period, my landlord copper repiped my apartment. 50 sq. ft. of wall was opened. The opened walls released Stachybotrys/Black Mold into the air, as documented by an Environmental Hygeinist. I now have a Stachybotrys infection in my body, as documented by my doctor.

First, I believe my landlord breached our contract of habitability by performing the construction while I still lived there. Second, the construction workers did all their cutting and soldering on my roof, breach of contract - quiet enjoyment and nuisance. Third, I am now quite sick, violation of Health and Safety code 17980.7.

Was it illegal for my landlord to perform construction on my apartment while I lived there? Should I retain an attorney, or just sue in small claims court? For how much should I sue?


Asked on 6/06/10, 1:49 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Nobody on this list can give you an opinion as to the validity of your claims, or even the value of your claims - to do so would be irresponsible. The only way to determine if your claims have merit is to have a qualified, experienced attorney review the facts, the qualifications of both the doctor and the hygenist, and then determine what your damages might be. If I were you, and facing all that you have, I would not attempt to be an arm-chair attorney - you need to hire someone to review and possibly take the case. There is certainly enough there that you should at least review this with a qualified, experienced attorney. Mold cases are not as clear-cut as one might think, and I think Small Claims Court is probably not the venue where you could present the case in a light which will yield the best results. I have seen a lot of tenants take mold cases to Small Claims Court and lose because they did not present the case properly.

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Answered on 6/07/10, 4:48 pm


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