Legal Question in Landlord & Tenant Law in California

Mold in our leased home and now children are sick!

Hi, We are leasing a home in Laguna Beach Ca and we are paying $5,000 a month and gave a $7500 deposit. We have descovered Mold, by doing a home mold testing kit and sent away to the lab for results they came back positive for being TOXIC. Our Children have and we have almost all of the symptoms and we told our landlord we are not paying any additional rent and we wanted to move out. The Same day we told them that the Began exiction proceedings and denied any mold problem, They will not give us our deposit back and we have suffered all kinds of illnesses over the past 20 months. My youngest daughter born with infant respirotry distress syndrome and has now developed sever asthma due to the mold. My oldest daughter has sever eye infections and sever sinus infections and sore throats all the time. What can we do to get our money back and what do they owe us if anything? Please respond asap, we are desperate here and need some help. We have also discovered that there is a broken sewer line on the side of our home that the water company said it looks as if the oweners of the property have tried to cover up so they didnt have to fix it. Please help us.


Asked on 9/21/07, 1:30 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Mold in our leased home and now children are sick!

There are a number of options open to you, and I regret, but I'll get to a comprehensive answer ASAP, because I m having a very busy day.

Call the local health department, including housing and/or building inspectors. I assume you can find them in Santa Ana. Tell them the problem, and and ask them for an inspection at once.

I'll be busy in my office with clients, but you may call, or e-mail, and I'll help you more as soon as I am free (probably late afternoon).

Also, need to know, how far the eviction proceedings have progressed. Have you been served with a complaint?

Remain calm, and I'll do my best to help you.

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Answered on 9/21/07, 3:12 pm


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