Tenant Rights: Mold Responsibility and Fixing Timelines

Mold in a rental unit can harm your health and damage your home. If you’ve spotted mold in your apartment, you might be wondering: Is your landlord responsible? How long do they have to fix it?

The answer depends on state laws, lease agreements, and the severity of the mold problem. If your landlord ignores the issue, you have rights. 

In this guide, you’ll learn who is responsible, how long repairs should take, and what steps you can take if your landlord won’t act.

Is It the Landlord’s Responsibility to Fix Mold in Apartments?

Mold can spread fast. It grows in damp spaces, feeds on moisture, and releases mold spores that can cause respiratory problems and other health issues. If mold is in your rental unit, who must fix it?

When the Landlord Must Act

Landlords in California must keep rental properties in habitable condition. That means fixing leaky pipes, poor ventilation, and water damage that lead to mold growth. If mold appears due to a maintenance issue, the landlord must remove it and prevent it from returning.

Some types of mold, like black mold, pose serious health risks. If mold exposure affects your well-being, your landlord must act in a reasonable amount of time. A delay could lead to property damage, personal injury claims, or legal action.

When Mold Becomes the Tenant’s Responsibility

The tenant is responsible for reporting mold damage immediately in most standard rental contracts. Failing to report a mold problem can make you responsible for remediation costs. Your rental contract may also require you to take reasonable steps to avoid moisture damage.

Mold often follows water damage from leaks, floods, or plumbing issues. A musty smell can be an early warning sign, even if mold isn’t visible. The tenant must notify the landlord promptly when they notice signs of mold, leaks, or moisture.

How Long Does a Landlord Have to Fix Mold? 

California law doesn’t specify an exact timeline for landlords to fix mold problems, but they must act in a timely manner based on the severity of the moisture issue.

In most cases:

• 24-48 hours for severe cases, such as black mold or mold linked to a health hazard.
• 3-7 days for moderate mold growth affecting living conditions.
• Up to 30 days for minor mold problems that do not pose immediate health risks.

Understanding California Mold Laws for Renters

California landlord-tenant laws protect renters when landlords fail to act. If mold threatens your health, safety, or belongings, you have legal options.

Landlord Disclosure Requirements

Landlords must disclose known mold issues if they exceed safe levels or pose a health risk. Under California Health & Safety Code § 26147, landlords must provide a written notice before signing a rental agreement if they know about mold in the unit.

There are no federal mold disclosure laws, but California law considers visible mold, dampness, and water damage a health hazard.

Rent Withholding: Can Stop Paying Rent?

In California, some renters have attempted to pause rent payments when mold creates unsafe living conditions. This is sometimes called rent withholding, and it should not be attempted without legal advice.

This approach tends to come up when:

• The mold issue is severe and affects livability.
• Tenants have given written notice and allowed time for repairs.
• There’s documentation—like mold inspection reports, photos, or medical notes.

It’s not without risk. Some landlords may still pursue eviction. But in certain cases, tenants who act in good faith may find support under state law.

Repair and Deduct: What Others Have Tried

Some tenants in California have taken matters into their own hands. They hire professionals to fix serious mold issues and deduct the cost from their rent. This is often referred to as the “repair and deduct” method.

Typically, the steps include:

• Notifying the landlord in writing.
• Keeping the repair cost under one month’s rent.
• Using this option no more than twice in a 12-month span.

It’s a path taken in urgent situations. That said, landlords may disagree with the deductions. Clear communication and solid records are key.

Constructive Eviction: Leaving Because It’s Unlivable

There are situations where renters feel forced to move out because of mold. Some have described this as constructive eviction—when conditions make the home unfit to live in.

The idea stems from California laws that require landlords to provide livable housing. If mold isn’t addressed, and it stems from things like leaky pipes or long-standing issues, some renters have left early without paying penalties.

Those who’ve gone this route often:

• Document the mold and all communication.
• Seek health or inspection reports.
• Let the landlord know why they’re moving.

This is a complex area. Outcomes can vary. But when renters can show they lived in unsafe conditions, courts have sometimes taken their side.

Mold Damage and Security Deposits

Landlords can deduct mold cleanup costs from a security deposit if a tenant caused the problem through poor cleanliness or excessive moisture.

Under California Civil Code § 1950.5(g), landlords must:

• Provide a written explanation of the mold damage within 21 days of move-out
• Return the remainder of the security deposit if deductions are made

Legal Action Against Negligent Landlords

If a landlord refuses to fix mold issues, you may have grounds to sue for:

• Property damage caused by mold infestation.
• Medical expenses due to respiratory problems or toxic mold exposure.
• Relocation costs if the rental unit becomes uninhabitable.

Some California cities, like San Francisco, treat mold as a public health nuisance under San Francisco Health Code § 581(b)(6). Tenants can sue landlords who fail to remove visible mold under local nuisance laws.

Contact Our Team of Mold Attorneys for a Review Today

Mold spreads. It damages your home, ruins your belongings, and puts your health at risk. If your landlord won’t act, you don’t have to wait. You have rightsーand legal advice options.

How to Spot Mold Before It Gets Worse

• Check for visible mold. Look in bathrooms, kitchens, and areas with excessive moisture.
• Pay attention to smells. A musty odor often means hidden mold growth.
• Look for water damage. Stains on walls or ceilings could mean a leaky pipe is feeding mold.
• Use exhaust fans and a dehumidifier. Reducing excess moisture can help prevent future health problems.

A free consultation can help you understand your rights and next steps. Schedule a review with the Law Office of Paul Mankin today.