Legal Question in Landlord & Tenant Law in California

Mold Report

Hi,

I recently had a licensed inspector

come out and sample an apartment

unit for mold and I was told the test

came back positive. By California Law

am I obligated to give a copy of the

mold report to the tenant? He has

requested a copy. What about other

tenants in the building? The site has

been contained, origin of original

water damage fixed, the area has

been dry for a long time, and no mold

spores have been released anywhere

else in the building.

Thanks.


Asked on 6/25/09, 6:44 pm

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Mold Report

Generally, I would recommend that you disclose the issue to the tenants, explain the steps you have taken to alleviate the issue. Senate Bill No. 732 requires that any person who rents residential, commercial, or industrial real property who knows, or in specified instances has reasonable cause to believe, that mold is present that affects the unit or building, and the mold exceeds the permissible exposure limits to molds, would be required to provide a written disclosure to potential buyers, prospective tenants, renters, landlords, or occupants of the mold conditions.

This proactive measure will help to minimize and/or eliminate liability and litigation.

If you would like assistance in drafting such a notice, please feel free to contact me.

Yours truly,

Bryan

877.201.8728

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Answered on 6/26/09, 1:22 pm


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