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TrialLawyer, Trial Lawyer
Category: Landlord-Tenant
Satisfied Customers: 26
Experience:  Has practiced law for more than 10 years.
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My landlord did not disclose that there was a mold problem

Customer Question

Hi there. My landlord did not disclose that there was a mold problem in the house my partner and I moved into. We have been there less than a month and found a significant amount of mold growing behind our bed. When approached him about it he said he, "Forgot to tell us." I got sick from it and am having to get blood work done. We also have had to rent a hotel room because of the health hazard. Is this enough grounds to file a case if he does not refund our money?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  TrialLawyer replied 1 year ago.

Good Evening, I'm sorry to hear about the mold and the effect it has had on your health. Can you tell me more about the mold? Do you know if it is black mold?

Expert:  TrialLawyer replied 1 year ago.

In the meantime, I can tell you that it sounds like your landlord has breached the implied warranty of habitability. Assuming that there is a direct link between your recent hospitalization and the mold that he forgot to mention, this presents a continuing and existing nuisance to your health. Your landlord has the obligation to fix this and maintain the property in otherwise reasonably habitable condition.

Customer: replied 1 year ago.
Let me preface by saying that I live in a rural area and people are not that bright. He actually told me that it is black mold and that it is no big deal. However, I am highly allergic to mold.
Expert:  TrialLawyer replied 1 year ago.

You are entitled to move out without giving the landlord any notice. However, I would take photos, if you can obtain a sample of the mold for later testing and write your landlord a letter detailing the circumstances. The monies that you have spent in order to remedy this are also recoverable, but you will have to file a lawsuit.

Expert:  TrialLawyer replied 1 year ago.

Civil Code 1942 specifically addresses this situation. Also there is case law which indicates that cockroaches, peeling paint, torn carpets and mold are items which offend the implied warranty of habitability.

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