Full question:
I have paid rent for ten years for an office that leaks every winter and the ceiling has fallen in twice. It is now going to fall again and I have found another office. There is black mold in the office and I am horrified. I have been very ill, but did not know why. I cannot find help in Oakland, CA from Housing Inspector or anyone else! I have not paid rent for two months, but feel so violated and so ill. What are my rights?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: California
Answer:
There are generally three ways to terminate a commercial lease early: (1) due to the landlord's legal misconduct, (2) by replacing the tenant with a new one, or (3) by mutual agreement between the landlord and tenant. Most commercial leases include specific terms for early termination without penalty. If these terms do not apply, you may be liable for legal fees, sublease or assignment fees, and remaining rent.
If the landlord fails to maintain the premises, it may breach their duties. Local laws could allow for lease termination if there are undisclosed code violations or access issues. The landlord and tenant can also mutually agree to end the lease.
Mold issues can be complex due to the difficulty in proving causation and damages, as there are no standard regulations for mold. Whether a landlord is liable for mold depends on factors such as the cause of the mold, whether proper inspections were conducted, and if the landlord took adequate steps to address the issue. If a landlord knows about a mold problem but fails to disclose it or fix it, they may not be able to enforce waivers of liability.
Insurance coverage for mold may also be relevant, as some policies exclude it. It's advisable to discuss mold coverage with your insurer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.