Legal Question in Real Estate Law in California

I signed a lease for one year but before I could even move in I got alergic to the air and doscovered that there is what seems to be mold in the bathroom. I had to see a doctor who confirmed I was having alergic reactions from that place and my doctor doesn't recommend me living there at all. The landlord wants to keep me in the lease untill the place is rented again. I had agreed to loose my $2200 deposit for them to release me from contract but they won't and they want to take me to small claims. Realtors and their managers have not been helpful at all. Can I break the contract based on the fact that I'm alergic to mold or whatever it is in the unit? Thank you for your time.


Asked on 1/10/11, 3:23 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't know of any "mold allergy" exception to the enforceability of residential leases. A few years ago, there was a cottage industry in suing landlords for bad medical reactions to so-called "toxic mold," and I suppose a few of these were legitimate. Most of the mold has turned out to be harmless, however, e.g., mildew or something else that's ugly but not harmful. Perhaps if your doctor will testify that whatever is present in your apartment is causing your health issues you would have a case winnable "in arrears," but it is not a safe bet to just move out and break the lease without a pretty definite plan. Instead, try to get the landlord to assist you in cleaning up and drying out the room(s) and spaces where the problem exists.

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Answered on 1/17/11, 7:18 pm


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