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What should we do about mold in our apartment and landlord's inaction?

What should we do about mold in our apartment and landlord's inaction?

Q: How long does a landlord have to fix a black mold problem?

In California, landlords must respond to mold issues promptly, typically within a reasonable time frame after being notified. This can vary based on the severity of the problem. If the mold poses a health risk, landlords are generally expected to act quickly. If they fail to do so, tenants may have further legal options.

Q: Is the smell of mold harmful?

The smell of mold can indicate its presence and potential health risks. While not everyone is affected, those with respiratory issues or allergies may experience symptoms. It's advisable to address any mold smell promptly to prevent health complications, especially in vulnerable individuals like children or those with asthma.

Q: How long does a landlord have to respond to mold?

In California, landlords are required to respond to mold complaints promptly. While there is no specific time frame defined by law, a reasonable response time is expected. If the issue is severe or poses health risks, landlords should act quickly to remediate the problem.

Q: Can I sue my landlord for mold in Oregon?

Yes, in Oregon, tenants can sue landlords for mold-related issues if the landlord fails to maintain a habitable living environment. This includes not addressing mold problems that affect health. Documenting the mold and any health issues it causes can support your case. Consulting with a legal professional is advisable.

Full question:

We leased an apartment. After several months we noticed the appearance of mold behind the sink in the bathroom. It also smells like mold. the smell is also coming from other areas of the apartment and it seems damp. The landlord will not help us. My son has asthma and it has caused it to get worse. What do we do?

Category: Landlord Tenant
Subcategory: Mold
Date: 04/07/2025
State: California

Answer:

You have rights under California law regarding mold in apartments. Here are some important points to consider:

Mold can render an apartment uninhabitable. Landlords are required to provide a habitable living space.
You can notify the Environmental Department of the State about the mold issue.
If your son's asthma has worsened due to the mold, consider getting a doctor's note to document this connection.
You may be entitled to a refund of rent paid, as well as compensation for medical bills and costs associated with displacement.
When you decide to move, keep track of any expenses incurred.
Inform your landlord that you are moving due to the mold problem and that the apartment is not habitable.
Contact the Department of Building Inspection to report the issue.
Document the mold problem by taking photos of affected areas.
Consider hiring a plumbing contractor to investigate the situation behind the wall for further evidence.

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.

FAQs

How do I know if mold in my apartment is making me sick?

If you experience symptoms like coughing, sneezing, skin irritation, or worsening asthma, mold may be affecting your health. It's important to consult a doctor, especially if you have a pre-existing condition like asthma. Document your symptoms and any potential mold exposure in your apartment. This information can help establish a connection between your health issues and the mold.

Can I withhold rent for mold in VA?

In Virginia, tenants may have the right to withhold rent if the landlord fails to address serious health hazards like mold. However, it's crucial to follow proper procedures, such as notifying the landlord in writing and allowing time for repairs. Consult with a legal professional to understand your rights and the correct steps to take.