Legal Question in Landlord & Tenant Law in California

First of all, here is information from California's Department of Consumer Affairs on habitability of a rental unit:

HABITABILITY

REPAIRS AND HABITABILITY

A rental unit must be fit to live in; that is, it must be habitable. In legal terms, "habitable" means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants' health and safety.

California law makes landlords and tenants each responsible for certain kinds of repairs, although landlords ultimately are legally responsible for assuring that their rental units are habitable.

Landlord's responsibility for repairs

Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the landlord must repair problems which make the rental unit unfit to live in, or uninhabitable.

Generally, the landlord also must do maintenance work which is necessary to keep the rental unit livable.

The law is very specific as to what kinds of conditions make a rental uninhabitable.

Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings " In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system

Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.

The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability.

An authoritative reference book suggests two additional ways in which the implied warranty of habitability may be violated. The first is the presence of mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants.

Limitations on landlord's duty to keep the rental unit habitable

Even if a rental unit is unlivable because of one of the conditions listed above, a landlord may not be legally required to repair the condition if the tenant has not fulfilled the tenant's own responsibilities.

Tenants must do all of the following

Keep the premises "as clean and sanitary as the condition of the premises permits."

This is the complete website on the issue: http://www.dca.ca.gov/publications/landlordbook/problems.shtml

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MOLD MIGHT MAKE YOU SICK

Mold can make a person sick in three different ways:

1. It can cause an allergic reaction, which can range from mild to severe. Whether or not a person is allergic to mold just depends on the individual, and a person may be allergic to some molds but not others.

2. Some molds can colonize in the body, but that is very unusual in non-immunocompromised individuals.

3. Some molds can produce mycotoxins, which can cause illnesses in people. Most molds do not produce mycotoxins, and those that do produce mycotoxins have to be in the stage of development that mycotoxins can be produced. That is the least common way someone can get sick from mold occurring naturally.

Only a qualified physician can tell you if you are being made sick by mold, and how it is making you sick. An immunologist or a toxicologist should have the proper training and tests to determine this for you.

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You can report your landlord's violations to your County's Department of Health, and follow the procedures outlined above for requesting repairs.