Legal Question in Landlord & Tenant Law in California

Mold in rental house

My family has lived in a rental house for 2 1/2 years. I found some black thing behind the bed on the wall of my son's room in the first winter. I didn't know what it was so I just cleaned it up with hot water and detergent. I found more black thing behind the bed and bookshelf in the 2nd winter. My wife mentioned it to the landlord on the phone but we both didn't follow it up because it was gone after cleaning. More black thing was found this winter mostly on the bottom portion of the inside surface of 2 exterior walls. The mold inspector said that it was merely surface mold. There are small trees and plants just outside the room. He said, ''#1: No dirt (soil) touching the house.'' The water in the soil got evaporated thru the wall and it eventually formed the mold. But, the landlord keeps accusing us of closing all windows which caused bad air circulation so that the moisture trapped inside the room caused the mold. He asked us to cover the inspection fee ($250) and the future cleaning cost ($2000). Is it possible that I caused the mold simply by closing the windows? Am I reliable for or should I share any portion of the cost? Thanks for your advice!


Asked on 3/04/08, 2:40 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Mold in rental house

Mold can be a very tricky, and very expensive situation.

You may need an attorney before this is through.

Write the landlord a certified letter, return receipt requested, and insist that he pay for tests, and repairs.

Moisture does cause mold, but, without prior knowledge, you should have to keep windows open.

Stand your ground!

Let me know by e-mail, or phone, if you need more help.

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Answered on 3/05/08, 7:56 pm


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