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Unsafe Living Conditions

Mold & Mildew

Mold is a natural part of the environment and an important role outdoors to break down dead organic matter like fallen leaves and dead trees. However, indoors, it’s important to prevent mold growth. Molds reproduce through tiny, invisible spores that float through both outdoor and indoor air. Indoor mold growth typically begins when these spores land on wet surfaces. It’s crucial to note that molds require water or moisture to grow, and without it, they won’t thrive. Therefore, managing and preventing excess moisture is key to controlling indoor mold.
Mold has existed on Earth for millions of years. It can enter homes through open doors, windows, vents, and HVAC systems, and can also be carried indoors on clothing, shoes, bags, and pets.
Mold thrives in moist environments, making areas around leaks in roofs, windows, pipes, or places affected by floods conducive to its growth. It can develop on various surfaces like paper, cardboard, ceiling tiles, wood, dust, paints, wallpaper, insulation, drywall, carpet, fabric, and upholstery. Identifying and addressing sources of moisture is crucial in preventing and managing mold growth within indoor spaces.

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Damages from Mold and Mildew

Mold issues can have a substantial impact on both your well-being and property, leading to:
  • 1. Physical symptoms resulting from mold: Mold can have various health effects, ranging from mild symptoms like a stuffy nose or sore throat to more severe reactions such as coughing, wheezing, burning eyes, or skin rash. Individuals with asthma or mold allergies may experience more intense reactions. For those with compromised immune systems or chronic lung diseases, mold exposure can lead to lung infections.
  • 2. Destroyed personal property: Mold not only harms structures but also damages personal belongings in homes. Cleaning mold-infested items is often very difficult, and in some cases, it may be impossible to completely remove the spores. This highlights the urgency of addressing and preventing indoor mold growth promptly.
  • 3. Mold Testing and Remediation: The expenses associated with hiring certified inspector to address and eliminate the mold can be costly.
  • 4. Hotel or other rental costs: If the mold issue is causeing physical harm to the point that it forces you to temporarily vacate your rental, the costs of alternative accommodation during remediation can be costly.
  • 5. Lost sleep and elevated stress levels: The emotional toll of dealing with a mold and mildew, including disrupted sleep patterns and increased stress.
While certain aspects of the impact may be challenging to quantify in monetary terms, Giragossian Law can assist you in comprehending your case and pursuing legal action to recover damages.
If you believe that filing a lawsuit could be a viable solution to address mold or mildew issues in your rental home, don’t hesitate to consult with Giragossian Law today for guidance and support.

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Dealing with Mold and Mildew

When dealing with mold, it’s common to feel overwhelmed, frustrated, or even fearful. The process of eliminating mold is both time consuming and costly, and navigating through mold remediation, insurance claims, and landlord issues can compound the stress.
Despite the challenges, you are not alone. As a victim of mold or mildew, you possess legal rights, and we are here to safeguard them.
An experienced habitability attorney can provide the assistance you need to secure support and compensation that aligns with your rights and addresses the challenges posed by mold and mildew.

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Landlords Duty

Under California law, landlords are typically given around 30 days to address habitability issues. If there has been no response from your landlord or if a remediation company hasn’t visited your rental within this timeframe, it becomes crucial to take steps to ensure your rental is a safe living space.
If a mold/mildew issue persists beyond the 30-day period following an official complaint, here are some options to consider:
  • 1. Take independent action: You can hire a professional exterminator to address the problem. Ensure that the treatment cost does not exceed one month's rent, and retain the receipt to deduct the cost from your rent.
  • 2. Notify the appropriate governmental agency: Reach out to the relevant governmental agency in your city to report the issue and seek assistance.
  • 3. Consult with a tenant rights attorney: Contacting an experienced tenant rights attorney is advisable to assess your options and formulate an effective plan of action. Incorrectly executing the "repair and deduct" approach could result in significant financial losses.
For comprehensive guidance on your rights concerning cockroach infestations, it’s recommended to consult with a professional attorney from Giragossian Law. We may be able to assist you in navigating this challenging situation, ensuring habitable living conditions are maintained.

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Frequently Asked Questions

What are the signs of a mold and/or mildew problem at your rental?

If you suspect the presence of mold in your home, be vigilant for the following warning signs:

Strange Musty Odors:  Unusual, musty smells in specific areas of your home may indicate the presence of mold. 

Worsening Asthma or Allergies Indoors: If asthma or allergy symptoms intensify when indoors, it could be a sign of mold-related issues. 

Persistent Cough, Cold, or Fatigue: Unexplained or persistent respiratory symptoms, such as coughing, cold-like symptoms, or fatigue, may be linked to mold exposure. 

Recent Water or Moisture Issues: Any recent incidents of water leaks, flooding, or persistent moisture problems can create conditions favorable for mold growth. 

Dark Stains on Walls or Ceilings: Dark, discolored stains on walls or ceilings, especially in areas with a history of moisture problems, may indicate mold growth. 

Peeling Wallpaper: Wallpaper that is peeling or shows signs of warping may suggest underlying moisture issues and potential mold growth. 

If you observe these warning signs, it’s advisable to investigate further and address any potential mold problems promptly. Professional assistance may be necessary for thorough mold inspection and remediation. Mold issues can adversely impact indoor air quality and pose health risks, making it essential to address them effectively.

The procedures for withholding rent or terminating a lease in response to mold can differ based on local regulations and the stipulations of your lease agreement. It is crucial to seek guidance from a legal professional, such as Giragossian Law, to gain a clear understanding of your rights and responsibilities tailored to your unique circumstances.

Under California law (Civil Code Section 1942.5), it is illegal for a landlord to retaliate against a tenant for exercising their rights or making complaints about the habitability of a dwelling. Specifically:

Civil Code Section 1942.5: (a) If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: This provision protects tenants from retaliatory actions by landlords and ensures that exercising their rights or reporting health and safety issues does not result in adverse consequences. If a landlord engages in retaliation within the specified timeframe, they may be prohibited from taking certain actions against the tenant.

Contact Giragossian Law for a free consultation to determine whether you may have a viable case.

If you’re facing severe mold and mildew issues that are impacting your living conditions, you might be entitled to a rent reduction or compensation. Giragossian Law can assist you in understanding your rights and potentially negotiating with your landlord.

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