Can You Sue for Mold in California?
In California, tenants have a legal right to live in safe and clean environments that do not pose any health risks. Unfortunately, many landlords neglect their responsibilities and do little to ensure that their properties meet these standards, which can place tenants in serious danger. One particularly problematic issue that tenants often face is mold growth. Mold can thrive in damp or poorly ventilated areas of a rental property, and exposure to it can lead to various health problems, including respiratory issues, allergies, and other severe conditions. If you find mold in your rental apartment or house, it is important to take action.
What Responsibilities Does a Landlord Have in California?
Under the warranty of habitability, landlords must ensure that their properties are free from hazardous conditions and toxins that could endanger the health and safety of tenants. This includes the presence of mold, which can lead to serious health issues if not addressed promptly. Failing to meet these requirements may constitute a breach of the warranty of habitability. Should a landlord ignore necessary repairs or safety concerns, tenants are entitled to take action, which may involve filing a lawsuit for damages or exploring other legal remedies. Tenants may also be able to withhold rent until the issues are resolved, but this should be approached cautiously and preferably with legal advice. That is why, if you suspect your landlord has violated the warranty of habitability, it is important to document the problems and consult a qualified mold attorney.
The Time Limitations To Bring a Legal Claim for Mold in California
In California, individuals pursuing legal action for mold-related cases must adhere to the same statute of limitations that applies to other personal injury claims, generally set at two years. This means a lawsuit must be filed within two years from when the individual became aware of the mold issue or suffered any related injuries.
However, there are specific exceptions to this rule that could potentially extend or alter this time frame, including instances involving minors, individuals who are mentally incapacitated, or when the mold issue is discovered only after a prolonged period. Given the complexities involved and the possibility of unique circumstances that could affect your case, consult with an experienced mold attorney as soon as possible to learn more about your legal options.
Are Landlords Always Responsible for Mold Injuries?
Although landlords have a legal and ethical obligation to maintain their rental properties in a safe and habitable condition, there are specific circumstances under which a landlord may not be held responsible for the presence of mold. For example, if the mold growth resulted directly from the actions or neglect of the tenant—such as failing to report leaks, improper ventilation, or excessive moisture from personal habits—the landlord may not be liable. Additionally, if the landlord was completely unaware of the mold’s existence and had taken reasonable steps to maintain the property, they might also avoid liability.
The Financial Damages You May Be Able To Pursue
If you have experienced health issues due to mold in your rental property that your landlord failed to address, you may be able to seek compensation for various damages. including medical expenses, lost income, mental and emotional distress, property damages, and even punitive damages. However, consider speaking with a skilled and knowledgeable California mold attorney to better understand these financial remedies.
Contact Albert Abkarian & Associates To Go Over Your Mold Questions Today
If you or a loved one was harmed due to your landlord’s failure to remediate mold present in your rental home or apartment, contact Albert Abkarian & Associates today and review your questions with an experienced mold attorney.