Blog Topic

Mold In The House _ Landlord May Not Always Be Responsible.
Posted by: Kenny Tan
March 26, 2011

California has received a lot of rainfall this rainy season. Apart from the mudlslides and landslides in some areas we hear about in the news, there are more reports of mold claims from tenants on rental properties.

Certainly, if a property is not well maintained, you may find leaky roofs or windows which allow rainwater to enter the premises. Most people associate mold growth with excessive moisture in the atmosphere. But mold growth can also be attributed to poor ventlation in the house.

Mold growth is not always attributable to the landlord's fault. Sometimes it is due to poor housekeeping by the tenants.

For instance, during the winter months, some tenants may exacerbate the moisture problem by using humidifiers in the house when used in connection with some cold medicine to ease their breathing.

Sometimes, the problem is strictly poor design of the unit-possibly one that can be attributed to the landlord. Some older buildings are designed without proper consideration for ventilation.In some rental units as in the case of studios there's a lack of windows; because it is extremely cold in the Winter, tenants rarely open the windows to air the dwelling. That may result in excessive moisture in the dwelling which in turn causes more mold growth.

Most people would blame the landlords for the presence of mold in the dwelling units. But legaly speaking, in order for landlord to be legally liable, landlords must have been put on notice that there has been an issue.

Take the exhaust fans in the bathrooms as an example. Unless the landlords routinely check the exhasut fans for proper operation, they are not likely to find out about an inoperable exhaust fan unless the tenants notify the landlords. Some tenants that I spoke to are quite aware of this issue and would check the fans from time to time to make sure they are pulling air (One quick way to check them would be to put a thin tissue under the fans and turn them on to see if the paper sticks to the fans). Big apartment complexes may have routine maintenance schedules in place that monitor the proper functioning of these fans but most moms and pops landlords don't.

It is very much disputable as to who bears the responsbility for mold growth due to poor ventilation. It is often argued that landlords know their units better than their tenants and should have been more aware of this problem than tenants. Certainly if prior tenants had made similar complaints and landlords had made prior determination that the problem was due to inoperable exhaust fans and now the problem has repeated itself, landlords are more likely to be blamed for this.

There's no strict liability, however. Landlords are not strictly liable for mold growth. However, iin California, the law implies a condition in every residential lease that the rental unit is habitable. It is strictly a breach of contract issue unless you can pin tort liability on the landlord for negligence or fraud. In some instances, landlords are aware of mold problems but in their haste to re-rent vacant units, postponed dealing with the problem by painting over the mold. That may give rise to a claim for fraud which carries with it the possibility of punitive damages if the matter is litigated.

Permalink

Can Mold Make A Person Sick?
Posted by: Kenny Tan
May 08, 2010

Mold or mildew remains a highly controversial subject in real estate. It has been the subject of litigation in courts for many years.Laws had been passed in California to require mold-related disclosures in residential real estate purchases. Regulatory agencies had investigated the adverse health effects of exposure to mold in indoor environment. The controversy continued...

Does mold make a person sick? The answer varies depending on whom you ask. In 2002, the American College Of Occupational And Environmental Medicine (ACOEM) issued its position statement on this issue. Many physicians and health care professionals are members of ACOEM. According to ACOEM, it may depend on the individuals; not every person can get sick from exposure to mold at any dosage. However, there appears to be a consensus that people whose immune system has been compromised are more susceptible.  In 2004, at the request of the Center For Disease Control (CDC) , the Instituteof Medicine (IOM) published a report on mold exposure in indoor damp environment. The report includes reviews of many epidemiological studies conducted worldwide on mold-related illnesses. According to this report, mold can cause upper respiratory illnesses in even otherwise healthy people. Children are more susceptible to these illnesses.

Permalink