Many landlords respect the law and have mold removed or water damage repaired promptly
when these occur. But what of those who either drag their feet intentionally or ignore the
problem altogether?
After trying amicably to get the landlord to do their job the pdf Renter’s Rights and
Responsibilities of CA says you can withhold rent to force the needed repairs. There is a
procedure to follow outlined in the document. You basically let the landlord know you will do
this in writing and then do it. It is possible this type of landlord will try to get you to move with
a ’60 Day notice to vacate’ the premises. That, under these circumstances, is illegal. The
landlord may even try to evict you once rent has stopped coming in for them.
If they take you to eviction court then the defense from the pdf Renter’s Rights and
Responsibilities is your defense with the law and codes cited. Your attorney should and needs to
know these applicable laws. At that point, unless there are other issues, the judge will dismiss
the case, meaning you win, and could possibly order the landlord to make the needed repairs or
mold removal.
What if the home is partially or fully not habitable? This will be covered in the next blog.
Steve Mullins (i.e. Mold Detector)
Certified Microbial Consultant, CMC
Moisture and Mold Detection, Inc.