holding rent for cleanup of mold

Can I legally hold my rent until the mold is removed from my kitchen. I have paid to have it professionally checked out and the diagnosis was mold. My landlord is aware of it but thinks it is no big deal. He claims that he will evict me if i withold my rent until it is fixed. Can I legally withold my rent until it's fixed and can he evict me.

Who "professionally" checked out the mold? Do you have a written report stating the type (strain) of mold present and the quantity (PPM in the air)? A copy of the lab report? Is it from a certified air quality company and a certified lab? You need to have these things to prove the existance of mold. You cannot prove mold by sight and it cannot be proven by an uncertified contractor. (Mildew can be mistaken for mold by sight.) Additionally, you need the lab report to prove that the type of mold is harmful and that it is in sufficient quantities. Also, have you given a written repair request to your LL, sent by certified mail, return receipt requested to prove you have notified him and he has had sufficient time to make repairs? (Usually 30 days are allowed to repair if it is not an emergency.) Otherwise, he can simply say you never told him about it.

If you have these things, contact the health department or the local building inspector. Theyt will order him to make repairs and you can contact the court about their procedures for rent withholding. FOLLOW THOSE PROCEDURES EXACTLY! Failure to rent withhold correctly can get you evicted, even if there are problems with your unit. Good luck.

I am a landlord with a renter that will not pay her rent. She has stated that there is a mold problem and that is why she is not paying. We have started the eviction process today and she has brought us a letter that states that she is not paying because of mold and if we continue the eviction process she will sue us. We are not aware of any mold problem and it was not mentioned until she was late on the rent. We are worried about California laws that protect renters even if they are not being truthful and using the law to get out of paying the rent. We do not have money to take her to court and she knows this. Will the law protect her if we continue the eviction? Can she stay longer than the eviction process simply because she claims to have mold?

[sunlover]

You should find your answers on this site


Landlord/Tenant Book Index - California Department of Consumer Affairs

You should go inspect the unit for mold. If you see no signs of mold, you know that she is just making excuses. Does she have any reports of mold being found in the unit? Test results to show mold? What type of mold? Ask her if she has any of these.

Most times when a tenant reports mold, it is mildew and not mold. Normally this is found in the bathroom and kitchen and is caused by lack of cleaning and failure to use vent fams.

Mold is normally from an extended term water leak. It could be a roof leak, broken pipe, or a groundwater leak into the basement or foundation. Look for these things. A leak that is quickly fixed doesn't normally allow mold to grow. But one that is ignored can cause this. Ignoring a leak is never good.