Mold in the Home – California Property Owners Update

mold in the homeIf you are a property owner in California that is renting out your property, it is important that you know the law when it comes to mold in the home.

California Civil Code 1941.7 went into effect January 1, 2016.  This new law is designed to protect both property owners and tenants.  One section allows for an inspector to designate a building as uninhabitable if there is visible and substantial mold growth. The other protects property owners by stating that they have to be made aware of the issue before they must act to remediate the issue.

Steps to Take with Mold in the Home

As an owner, you need to make sure that you take seriously any notifications by tenants that there is mold in a home. Once a tenant informs you of a problem, you need to act.

Also make sure that you notify tenants in writing when you are dealing with a mold problem.

You should also inspect your property frequently to ensure that the tenant is keeping the property clean.  Tenant abuse of the property that results in mold in the home can be a violation of their rental agreement. However, you still need to clean up the problem.

Here is info directly from the California Civil Code:

California Civil Code §1941.7
California Health and Safety Code §17920, 17920.3
Added and Amended by S.B. 655
Effective: January 1, 2016

A health or code enforcement officer may now designate a building as substandard and uninhabitable for visible and substantial mold growth.

Landlords are not required to abate a mold infestation until they have notice of:

·         the infestation’s existence; or

·         the tenant’s violation of their obligation to keep the rented premises clean and sanitary.

Landlords are required to provide reasonable notice in writing to tenants of their intent to enter the premises to abate mold.

Read the full statue 

California Civil Code 1941

Health and Safety Code 17920

How Can Property Management Help?

Mold is a very serious issue, even if you are an out of state owner.  But it can be difficult and expensive to inspect properties and make sure that you keep up with tenant issues.  This underscores the importance of having a reputable Property Management company as your partner.  At Metro Property Management, we make sure that your investment is protected and help keep you in compliance with California statutes. If you have property in the San Jose, CA area, give us a call for a free estimate.  Even if you are out of state, or out of country, we can help.