A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion thereof, to be declared substandard by virtue of mold, it must be visible mold growth, as determined by a health officer or a code enforcement officer, which endangers the health of the occupants. If the presence of mold is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition. Currently a lessor of a building intended for human occupation is required to maintain its habitability and repair dilapidations that render it untenantable. This new law provides that a lessor is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it or if the tenant is in substantial violation of the duty to keep the property clean and sanitary, among other obligations as specified in Civil Code Section 1941.1, and thereby substantially contributes to the existence of the mold. This law authorizes a landlord to enter a dwelling to repair a dilapidation relating to mold. 2) Currently, the State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The current law provides that a building in which certain conditions are found to exist, such as a lack of sanitation, is substandard. The current law provides that a violation of these provisions is a misdemeanor. This law specifies that visible mold growth, as determined by a health officer or a code enforcement officer, is a type of inadequate sanitation and therefore a substandard condition. However the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition. This law defines mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. Senate Bill 655. Codified as Civil Code § 1941.7, and Health and Safety Code §§ 17920 and 17920.3. Effective date is January 1, 2016.
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Mold is now the Tenant’s (initial problem)! (Civil Code §1941.7, Health and Safety Code §§17920, 17920.3)
On Behalf of Simkin & Associates, Inc. | Jun 13, 2016 | 2016 New Statutes, Landlord Tenant |
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