Legal Question in Wills and Trusts in California
I have notified my landlord in regards to early termination of the rental lease aggrement due to the mold in the house. The landlord has declined for me to get out of lease as I have sent him one-month notification. Now, if I moved out, what will the landlord do? will he be able to have the collection agency deal with me and says owned him money. Potentially ruin my credit?
2 Answers from Attorneys
You can't move out because of mold alone. Every house will grow mold under certain circumstances, far more often than not circumstances caused by the tenant, not the landlord. Even if the landlord is responsible, not all mold is significant enough health hazard to make the premises not legally habitable. In order to break your lease you need the health dept. to deem the condition a health hazard and cite the landlord for it. Then, if the landlord still does nothing you can break the lease AND sue for your costs of relocation.
I agree with Mr. McCormick. There is mold, and then there is toxic mold. If the mold is toxic mold, the housing department should have been notified.
The landlord could sue you, and your credit could be damaged.
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