California Renter Rights: Mold Problems and Landlord Duties

If you’re a renter in California and have discovered mold in your rental unit, it’s important to know your rights and the responsibilities your landlord has under California law. Mold can affect your health and make a rental property unsafe, but strong legal protections require landlords to address these issues. This guide covers what to do, which forms to use, and where to seek help if you’re facing mold problems as a renter.

Understanding Your Rights and Landlord Obligations

California law considers housing to be uninhabitable if a condition like pervasive mold presents a danger to a tenant’s health. Landlords are required to keep rental properties habitable under the California Civil Code Section 1941.1, known as the “implied warranty of habitability.”

• Mold is not explicitly listed, but issues causing mold (like leaks or water damage) must be repaired.
• If the mold poses a health threat, your landlord is required to fix the underlying problem.

Key Tenant Protections

• Landlords must provide written disclosure if they know there is mold at levels that threaten health (California Health & Safety Code, Section 26147).
• Tenants cannot be evicted, have rent raised, or face retaliation for requesting repairs.
• Tenants are responsible for maintaining cleanliness, but not for repairing leaks or water intrusion causing mold.

What To Do If You Find Mold in Your California Rental Home

It’s important to act quickly if you find mold. Here are the steps to take to protect your health and your rights:

• Take photos and document the mold and any moisture or leaks.
• Notify your landlord in writing as soon as possible and request repairs.
• Give your landlord a reasonable amount of time (typically 30 days, or sooner for urgent repairs) to address the problem.
• If repairs are not made, you may have options such as filing a complaint or requesting a local inspection.

Official Forms and How to Use Them

• Notice to Repair and Deduct (California Civil Code Section 1942): This is not a pre-made government form but a written notice you prepare. You can use it to notify your landlord in writing that repairs must be made. If the landlord does not respond in a reasonable time, you may make repairs yourself and deduct reasonable costs from your rent (up to one month’s rent, once per 12 months). For a template and more details, visit the California Department of Consumer Affairs Tenant Guide.
• Local Code Enforcement Complaint Forms: Many cities and counties have online forms to report habitability problems to the local housing or building department. For example, in Los Angeles, use the Housing Department’s File a Complaint page. In San Francisco, visit the Department of Building Inspection’s reporting tool.
• Small Claims Court Forms: If you need to recover money spent on repairs, you can file using California Small Claims Court forms such as SC-100 Plaintiff’s Claim and Order to Go to Small Claims Court. Use these if the landlord refuses to reimburse qualifying repair costs.

Always send notices by a trackable method and keep copies for your records. Consult your local housing office for city-specific forms or procedures.

Where to File Complaints or Seek Legal Help

The main tribunal for residential landlord-tenant disputes in California is typically your local court. The California Courts Self-Help Center – Landlord/Tenant section provides step-by-step guides and official forms.

Summary of Action Steps

• Notify landlord in writing and document the problem
• Request landlord repairs within a reasonable timeframe
• Contact local housing/code enforcement if hazards persist
• Consider “repair and deduct” or small claims only after following notice procedures

FAQ: Mold Issues in California Rentals

1. What should I do if my landlord refuses to fix mold problems? Notify your landlord in writing, file a complaint with your local code enforcement or housing department, and consider using “repair and deduct” if the landlord does not act. Consult official guides and keep records of all communication.
2. Can I withhold rent if there's mold in my apartment? Never withhold rent without legal advice. California law allows certain remedies, like "repair and deduct," but improper withholding may risk eviction. Use the correct notice procedures and seek local help.
3. Does the law require my landlord to test for mold? California law requires landlords to provide disclosure if they know of a health-threatening mold condition, but does not mandate testing. Requests for inspection can be made to your local city or county health department.
4. Who do I contact for urgent mold problems? Contact your local city or county code enforcement housing department. You can also consult public health agencies for issues that involve urgent health risks.
5. Are there state forms to report mold hazards? There are no standardized state-wide mold complaint forms, but official notices, code complaints, and small claims court forms are available through government sites and offices.

Need Help? Resources for Renters

• California Department of Consumer Affairs – California Tenants Guide (clear legal info and sample letters)
• California Courts Self-Help – Landlord/Tenant Rights
• California Housing is Key: Tenant Resources
• Contact your local health department for mold investigation advice and public health concerns
• Los Angeles Housing Department – File a Complaint
• San Francisco DBI – Report a Code Violation

---

1. California Civil Code Section 1941.1 – Implied Warranty of Habitability
2. California Health & Safety Code Section 26147 – Mold Disclosure
3. California Department of Consumer Affairs – California Tenants Guide
4. California Courts Self-Help Landlord/Tenant
5. California Housing is Key: Tenant Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations