Legal Question in Landlord & Tenant Law in California

Possible mold problem in apartment

My wife & I may have a possible mold problem in our apartment bedroom.

The problem is, my wife can't sleep there because she can't breathe but she's fine in the rest of the apartment.

Is there a way to get the apartment management company to replace the carpet & padding without them just telling us no when we ask them to do it?


Asked on 11/07/07, 1:52 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Possible mold problem in apartment

Report the problem to your local health department and building inspection department. If there is a mold problem, they will notify landlord, and you have several options after that.

You can also get inexpensively priced mold test kits at drug and discount stores.

The management company will have to replace the carpet (if there is mold), but frequently a lot more will have to be replaced.

There are a number of options available if there is mold, including breaking the lease, repair and deduct, withholding rent, rent abatement, etc. These are too numerous to enumerate in detail at this point.

First, get the inspection(s) completed.

If you need more information now, or later, please feel free to e-mail, or call, my office.

Be prompt. Mold is seriously bad for your health, and is usually found in moist areas, frequently near the ocean. The closer you are to the coast, the more likely you are to have a mold infestation.

Good luck!

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Answered on 11/07/07, 2:09 am


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