Legal Question in Landlord & Tenant Law in California

possible slum lord and mold

Two years ago there was a flood in our basement due to a faulty sub pump. My belongings in the basement were damaged. Landlord was notified of flood as soon as it happened. Recently, after doing research on mold, I feel that I have been having allergies to the mold in the house that I have actually found (including grass in my bedroom growing through the carpet) for example chronic ear infections that seem to clear up when I go away for a week. My landlord says I am responsible for getting rid of all the stuff from the basement before i move and I wonder is that true? Also what about my damaged stuff? Can I get money back on that? Is it possible to take him to court for the mold issue that I only recently realized I have been living with for some time now? I have pictures and have called a health inspector as well as a code inspector to come out to look at the property because I feel the landlord wont do anything to actually remove the mold before he rents again. I dont know what my rights are with the mold because everything I have read says that you must notify the landlord of the mold then you can withold rent if he does nothing. But what if your moving out and discover it as your moving?


Asked on 1/28/06, 12:15 pm

1 Answer from Attorneys
Nate Bernstein Nate Bernstein & Associates, Attorneys and Counselors at Law

Re: possible slum lord and mold

You have a case against the landlord and other possible plumbing defendants for damages to your personal property and health injuries. He probably has insurance. Just be careful not to file suit too late past the statute of limitations- if you file suit too late you will never have a chance at settlement. This is just a preliminary reply, not a final legal opinion. Thank you, [email protected]. www.natebernsteinlaw.com

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Answered on 1/30/06, 1:55 pm


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