California Mold Disclosure

California Mold Disclosure Guide

California Mold Law (Cal. Health & Safety Code § 26147)

California law requires landlords to:

• Provide tenants with information about mold
• Give tenants the booklet “Mold in My Home: What Do I Do?” published by California Dept of Public Health
• Disclose known mold conditions in the property
• Provide this information with the lease or rental agreement

What is Mold?

Mold is a type of fungus that grows in moist environments. Common types include:

• Black mold (Stachybotrys): Often found in areas with water damage, can produce mycotoxins
• Green/white mold (Aspergillus, Penicillium): Common on food, walls, fabrics
• Pink/orange mold (Aureobasidium): Often in bathrooms, showers

Where mold grows:

• Bathrooms (showers, tubs, under sinks)
• Kitchens (under sinks, around dishwashers)
• Basements and crawl spaces
• Around windows with condensation
• Behind walls with water leaks
• Carpets and padding (if wet)
• HVAC systems
• Attics with poor ventilation

Health Effects of Mold

Mold exposure can cause health problems, especially for sensitive individuals:

Common symptoms:

• Nasal and sinus congestion
• Coughing and wheezing
• Throat irritation
• Eye irritation
• Skin irritation
• Headaches

High-risk groups:

• People with allergies or asthma
• People with compromised immune systems
• Infants and children
• Elderly individuals

Landlord Responsibilities

Prevention & Maintenance:

• Maintain property in habitable condition (Cal. Civ. Code § 1941)
• Fix water leaks promptly (within 3-7 days)
• Ensure proper ventilation (bathroom fans, kitchen vents)
• Address moisture problems (roof leaks, plumbing issues)
• Maintain weatherproofing and waterproofing
• Keep HVAC systems clean and functioning

Disclosure Requirements:

• Provide “Mold in My Home” booklet to all new tenants
• Disclose any known mold issues or history
• Inform tenants about ventilation systems
• Provide instructions for preventing mold

Remediation Obligations:

• Respond to tenant reports of mold within reasonable time
• Investigate mold complaints promptly
• Hire professionals for large mold problems (10+ sq ft)
• Fix underlying moisture source (leak, condensation)
• Clean or remove moldy materials properly

Tenant Responsibilities

Tenants must take steps to prevent mold:

Daily Habits:

• Use bathroom exhaust fans when showering (run for 15+ minutes after)
• Use kitchen exhaust fan when cooking
• Wipe down shower/tub after use
• Don’t block air vents
• Open windows periodically for fresh air
• Keep indoor humidity below 60% (use dehumidifier if needed)

Cleaning & Maintenance:

• Clean visible mold immediately (if small area under 10 sq ft)
• Report water leaks immediately
• Don’t dry clothes indoors without proper ventilation
• Keep belongings away from walls to allow air circulation
• Use mold-resistant shower curtains
• Clean regularly with mold-killing products

Reporting Obligations:

• Report mold growth to landlord immediately
• Report water leaks within 24-48 hours
• Document with photos and written notice
• Don’t ignore small mold problems – they get worse

Mold Remediation Guidelines

Small Areas (under 10 square feet):

• Tenant can clean with bleach solution or commercial mold cleaner
• Wear gloves and mask
• Ventilate area well
• Dry completely after cleaning

Large Areas (10+ square feet):

• Landlord should hire professional mold remediation company
• Professionals have proper equipment and training
• Must address underlying moisture source
• May need to remove drywall, insulation, carpeting
• Cost: $500-$6,000+ depending on extent

Professional Remediation Steps:

• Containment (plastic sheeting, negative air pressure)
• Air filtration (HEPA filters)
• Removal of moldy materials
• Cleaning of salvageable items
• Drying and dehumidification
• Post-remediation verification (clearance testing)

Common Mold Sources & Prevention

Bathroom Mold:

• Cause: High humidity from showers/baths
• Prevention: Run exhaust fan, wipe surfaces, fix leaks
• Common locations: Shower grout, ceiling, under sink

Kitchen Mold:

• Cause: Cooking moisture, leaks under sink
• Prevention: Use exhaust fan, fix leaks promptly
• Common locations: Under sink, around dishwasher, refrigerator drip pan

Window Mold:

• Cause: Condensation from temperature differences
• Prevention: Improve ventilation, use dehumidifier, update windows
• Common locations: Window frames, sills, curtains

Wall/Ceiling Mold:

• Cause: Roof leaks, plumbing leaks, poor insulation
• Prevention: Fix leaks immediately, improve insulation/ventilation
• Common locations: Behind walls, ceiling corners, closets

When Tenant Can Withhold Rent or Break Lease

In California, mold can make property uninhabitable if severe:

Habitability Standards (Cal. Civ. Code § 1941):

• Property must be weatherproofed and waterproofed
• Must have adequate ventilation
• Must be free from health hazards

If landlord doesn’t fix serious mold:

• Tenant can “repair and deduct” (Cal. Civ. Code § 1942)
• Tenant can withhold rent until fixed
• Tenant can break lease and move out
• Tenant can sue for damages (medical bills, property damage)

Process for repair and deduct:

• Notify landlord in writing of problem
• Give landlord 30 days to fix (or less if emergency)
• If not fixed, hire professional to remediate
• Deduct cost from rent (up to 1 month’s rent, max twice per year)
• Provide receipts to landlord

Mold Testing

When to test:

• Large mold problem of unknown extent
• Mold keeps coming back after cleaning
• Health problems suspected from mold
• Hidden mold suspected (behind walls)
• After remediation (clearance testing)

Testing costs:

• Visual inspection: $200-$400
• Air sampling: $300-$700
• Surface sampling: $150-$300 per sample
• Complete assessment: $500-$1,500+

Who pays:

• If landlord’s fault (leak not fixed): Landlord pays
• If tenant’s fault (not using ventilation): Tenant may pay
• For peace of mind: Whoever requests it pays

Preventing Mold – Best Practices

For Landlords:

• ✅ Inspect property regularly for leaks and moisture
• ✅ Install and maintain bathroom/kitchen exhaust fans
• ✅ Ensure proper drainage around building
• ✅ Keep roof and gutters in good repair
• ✅ Fix plumbing leaks within 24-48 hours
• ✅ Use mold-resistant materials in bathrooms (mold-resistant drywall, paint)
• ✅ Provide proper weatherstripping on windows/doors
• ✅ Educate tenants on mold prevention

For Tenants:

• ✅ Use exhaust fans every time you shower or cook
• ✅ Wipe down shower walls after use
• ✅ Open windows for fresh air regularly
• ✅ Report leaks immediately – don’t wait
• ✅ Keep humidity levels below 60%
• ✅ Don’t block air vents with furniture
• ✅ Clean visible mold promptly (if small)
• ✅ Don’t leave wet items (towels, clothes) lying around

Liability for Mold Damage

Landlord Liability:

• Medical expenses from mold-related illness
• Property damage to tenant belongings
• Temporary housing if unit uninhabitable
• Relocation costs if tenant must move

Tenant Liability:

• Damage from failure to use ventilation
• Damage from unreported leaks
• Damage from tenant-caused moisture (not using exhaust fans)

Resources

• California Dept of Public Health – Mold: www.cdph.ca.gov
• “Mold in My Home: What Do I Do?” Booklet (required): Download Here
• EPA Mold Guide: www.epa.gov/mold
• Cal. Health & Safety Code § 26147 (Mold Disclosure Law)
• Cal. Civil Code § 1941 (Habitability Requirements)