Beginning Jan. 1 2022, California‘s residential landlords will have to provide a booklet on mold to prospective tenants. The booklet, “Information on Dampness and Mold for Renters in California,” from the California Department of Public Health, can be found here.
California’s Health and Safety Code added visible mold growth to the list of dangerous health conditions which define substandard housing in 2015 (Cal. Health & Safety Code §17920.3). As of January 1, 2016, mold has been officially identified a substandard condition under California law. Landlords whose properties are cited by local authorities are required to repair such substandard conditions. The booklet was not a required delivery before 2022.
Additionally, a tenant who lives in a property with mold has certain mold related rights under California law. The presence of mold conditions in a rental property which affect the livability of the property or the health and safety of tenants may violate the implied warranty of habitability and tenants may claim a breach of such implied warranty.
Landlords should review their leases to determine if and how mold is addressed, and starting January 1, 2022, be sure to deliver the CDPH’s Mold booklet to all prospective tenants.
If you need an attorney to review your lease for mold provisions or other updates, contact Furton Legal.