Legal Question in Landlord & Tenant Law in California

I have signed a lease for a house 5 days ago. Every time I went to the house before I moved in, I have had allergies. I assumed it was because the house still needed to be cleaned and carpets shampooed. Now that all the work is done and the smell from the paint and carpet solution has subsided, there is a strong urine odor coming from the carpet in one room and my allergies are still horrible. I feel there might be mold. I have asked to back out of the lease due to this and the landlord told me she has to think about it. Would I have to get the house tested for mold to be able to legally back out and get all of my money back?


Asked on 10/09/14, 8:23 am

1 Answer from Attorneys

Not unless and until the landlord has a chance to remediate it and fails for 30-days or more to do so. You would then still have to prove that the mold reached a level of being a health hazard as well. Your personal susceptibility is not enough if it is not objectively a health hazard.

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Answered on 10/09/14, 2:13 pm


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