Legal Question in Real Estate Law in California

landloard rights

my renters sent me a picture of mold in their closet and bedroom wall. we have never had that problem in 20 yrs. we do not think it is our problem. in addition we want to raise the rent for the first time in four years, but fear the retaliation law. the house is in orange county. what are our rights?


Asked on 8/04/01, 2:27 pm

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: landloard rights

You should contact the insurer of the rental premises and make a claim relative to this. The area of mold-related claims and liablility for personal injuries alleged to have been caused by mold (respiratory illnesses, etc.) is an emerging and disturbing area of liability for landlords. As it is considered a "health and safety" issue, you certainly cannot ignore it, even if you believe it is caused by your tenants themselves. By having your insurance company investigate and send out a claims adjuster, you will have a (somewhat) independent determination as to its cause/existence. I would recommend that you wait until this issue is resolved before you raise the rent. Good luck!

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Answered on 8/06/01, 8:13 pm


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