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Mold an inspector finds harmful makes a California rental legally substandard. The landlord must fix it.

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If mold is making you ill,what to do first.

Six steps that protect your health and any claim, roughly in order.

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  • Tell the landlord in writing
    Describe the mold, the leak or dampness behind it, and when it started, by text, email or letter, and keep a copy of every request and reply. A landlord's duty to repair mold begins with notice.
  • Photograph it before any repair
    Take dated photos and video of the mold, the water stains, the source of the moisture and anything ruined, and keep receipts. Painting over mold doesn't fix it, and it can cover up the evidence.
  • See a doctor and mention the mold
    Say where you live or work and when the symptoms began, so it's in your records. The CDC says that in some people mold can cause a stuffy nose, sore throat, coughing or wheezing, burning eyes or a skin rash; people with asthma or mold allergies may have severe reactions, and people with a weak immune system or chronic lung disease may get lung infections.
  • Ask for a code inspection
    If the landlord doesn't act, the Attorney General's office points tenants to their city or county code enforcement office or health department. An inspector who finds mold can cite the unit and order repairs.
  • Home mold test kits rarely help
    If you can see or smell mold, California's Department of Public Health (CDPH) says testing to identify the type adds nothing useful, and California has no legal limit to compare results with. Any mold you can see should be removed. Whether a professional inspection would help a claim is something we look at with you.
  • Watch the deadlines
    You generally have two years to file an injury lawsuit (Code of Civil Procedure §335.1). When a school district, housing authority or other public agency owns the building, a written claim usually comes first, due within six months (Gov. Code §911.2).

When mold makes you ill,who pays?

Usually the landlord or owner who knew, or should have known, about the mold or the leak and didn't fix it in time. Mold at work is usually a workers' compensation claim.

Your health

Medical bills, lost pay, pain and suffering

  • Doctor visits, tests, medicine and treatment for the illness
  • Pay you lost while you were ill, and earning ability you lose
  • Asthma or allergies the mold made worse
  • Pain, suffering and the strain of living with it

Your home

Moving costs, belongings, rent

  • Moving out, or a place to stay while repairs are made
  • Furniture, bedding and clothes that can't be cleaned of mold
  • Part of the rent you paid for a home that wasn't fit to live in
  • Repairs, if a seller hid a known mold problem from you
  • 2016the year mold made a rental substandardSince January 1, 2016, mold you can see, confirmed by a health or code officer, can make a home substandard, and the owner must fix it. Minor mold in a shower doesn't count.
  • $5,000extra if a landlord charges rent on a cited homeIf an inspector orders repairs in writing and, without good cause, they aren't made within 35 days, the landlord can't demand or collect rent until they are, unless you caused the problem. A landlord who does can owe your actual losses plus $100 to $5,000 (Civil Code §1942.4).
  • 180 daysof protection after you complainA landlord generally can't evict you, raise the rent or cut services to retaliate within 180 days of a good-faith repair request or complaint to code enforcement, if your rent is paid (Civil Code §1942.5).
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Every one of our offices handles mold exposure cases. Pick yours below, or call: if you can't come to us, we'll come to you.

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We're a Hispanic-focused firm with native Spanish-speaking attorneys. We understand your family's needs, walk you through every step in your language, and fight to get you every dollar you deserve.

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Organizations we support

Sponsor of the 2024 Share the Road Scholarship

Our community outreach
  • Al Barro Foundation
  • EUNIME por Tijuana, A.C.

Common questionsabout mold exposure.

Can I sue my landlord over mold?
Often, if the mold made you ill or ruined your belongings. California landlords must keep a rental fit to live in and repair mold once they have notice of it, unless the tenant's own neglect caused it. A claim usually turns on what the landlord knew, when, and what it did about it, so written repair requests matter. Call us and we'll look at yours.
How do I show the mold made me ill?
Mostly with medical records: when the symptoms began, what your doctor found, and whether they eased when you were away from the home. CDPH notes that doctors can test for only some mold allergies, so a claim usually also needs a doctor's opinion linking your illness to the mold.
Is black mold more dangerous? Should I have it tested?
CDPH says there's no evidence the kind of mold matters: any mold you can see or smell is a health risk and should be removed. It doesn't recommend testing to judge the health risk, and neither does the CDC. California has no legal limit for indoor mold; CDPH told the Legislature in 2005 that the science didn't support one.
Did my landlord have to warn me about mold?
Since 2022, landlords must give new tenants CDPH's booklet on mold before the lease is signed (Health and Safety Code §26148). The Toxic Mold Protection Act's duty to disclose known mold depends on state exposure limits that were never set. A landlord's duty to repair, and a seller's duty to disclose known problems, still apply.
What if the mold was at work, a school or public housing?
Illness from mold at work is usually a workers' compensation claim, not a lawsuit against your employer, though a claim against a building owner who isn't your employer may be possible (Labor Code §3852). Public schools and housing authorities are public agencies, so a written claim is usually due within six months.
How long do I have?
Generally two years from the injury to file a lawsuit (Code of Civil Procedure §335.1) and three years for damaged belongings (§338). Against a public agency, a written claim is usually due within six months (Gov. Code §911.2). Mold illness can come on slowly, and when the clock starts can depend on when you knew, or reasonably should have known, that the mold caused it, so call early.
What does a mold exposure lawyer cost?
Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.
Attorney Kyle Valero
Kyle ValeroAttorney, Valero Law Group

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