A relatively recent trend in the California rental scene is the rise of more and more tenants complaining about mold issues in rental units. Here is a typical scenario: A relatively minor mold problem appears in a unit; tenant tells no one about the issue, let’s the problem grow, and then comes back to the landlord and says, “I am sick,” and sues the landlord for allowing them to live in a mold-infested unit. Suits range from small claims cases to Superior Court actions against owners.
For the modest mom and pop landlords who may have only one rental unit to provide extra income for their children’s college or to save for retirement, a civil lawsuit can have a significant impact. Landlords can end up spending thousands of dollars in legal costs fighting a frivolous claim.
To further address the growing number of issues, the California Senate introduced Senate Bill 655 to clear up, among other things, when landlords are responsible for mold growth when they receive notice of mold in units. The bill specifies that property owners are not responsible for mold that is minor and found on surfaces that can accumulate moisture as part of their proper function. Another feature of this new bill is that a property cannot be declared substandard unless a local code enforcement officer identifies that visible mold exists and that it endangers the occupants of the unit. This new bill will be effective January 1, 2016.
The bottom line is that you as a landlord need to ensure that your properties are in habitable condition. Most family landlords and property managers we work with have nothing to fear, as they understand the value of preventative maintenance and care of their properties. For more tips about dealing with mold, please see our Mold Webinar created earlier this year at https://youtu.be/aM99TOuyngU
We plan on putting together a new webinar on mold and habitability issues in the next few months. Stay tuned!
