HELP! Breaking a lease due to mold?

Question

Hello,

I have found myself in a very unpleasant circumstance. The end of this past November my family and I moved into a new apartment and less than a month after this we discovered that mold had started to grow on our ceilings and walls (ruining a dresser and clothing). The first time the mold appeared we figured it was coincidence and cleaned it. About a month later around the beginning of January the mold reappeared darker and more spread out over the ceilings. We discovered a couple leaks in our ceiling and immediately called maintenance. All they did was paint over the mold, set up a huge fan in our room, and bring a bucket for the leak. Now about a month after this incident we had ANOTHER bout of mold, this time worse, we found it on all our walls upstairs in our closet and on our ceilings again. This was about a week and a half ago. We live in California and I know we have some sort of Mold Act put in place to determine guidelines to live by concerning mold. Is there a way I can break my lease without having to pay out the remainder of the contract? I went through my lease and it does mention that mold and mildew can occur from the moisture content of the area we live in (near the beach) but this level of mold has to be unsanitary and is damaging our items. Me, my husband, and 4 year old daughter have been sick on and off since we moved in and definitely suspect it is due to the mold as we never get this sick. I would walk away and choose the health of my family over my lease but I am trying to build my credit back up and my husband has good credit which we don't want to destroy. Any advice out there?

Rob Gillespie · Answer

I would caution you on just packing up and moving. I am not sure what size building you are in, or if you have access to the owners of the building directly, but if you can get in touch with them. You can look on public records, and   find their tax mailing address. I would send them a letter and explain what you are going through, and that the managers are not taking care of the issue. I would mention in the letter that you do not want to get an attorney involved, all you want is to have your unit either fixed or you want out of your lease. If they can not due this, then you will have no choice but to seek legal action. 
I am not clear on California state laws, but in Ohio if a landlord is not making repairs, the tenant can escrow the rent money with the courts until the repairs are made. This will get the owners attention. 
Finally, mold is an environmental issue and would not be covered under any insurance policies that I am aware of. I would make mention to the owner of that in your letter. No one wants to be personally responsible for something like that.

Bill Gulley · Answer

Amy, That is not the same thing, that's saying that the air conditioning should be turned on to prevent mold which is common or prevelant in the area. It depends on how it is written and the reason for stating the issue. As I read the OP, as it is written, it appears to me to be more of a cover up for the reason stated.

Aly W. · Answer

I disagree, as does my attorney. I own several properties in FL, where high humidity is the norm (unlike San Diego). My attorney wrote my rental leases, and they state that due to the inherent humidity in south Florida, mold may occur if the air conditioning is not kept on continually....something like that.

The tenant is responsible for keeping the central air conditioning on to avoid any mold problems. My units don't have mold problems, and to avoid them, the tenants are informed via the lease, and our move in process.

That said, it seems like Atalia's problem is related to leaks, not climate, and knowing about the leaks, her landlord is on the hook. Putting a bucket under it? Not quite considered "maintenance"!

Bill Gulley · Answer

Call the health department and see if they consider mold a health hazard and if so, then yes, and talk to an attorney. It sounds to me like the landlord knew of the mold problem and disclosed in the lease that it was common for the area as a way to defend themselves and hold you to the lease when it poped up throgh the paint job they did prior to leasing the property. If it is black mold, that isa health hazard. Not only should you leave, but if your attorney thinks they can swing that case, you should ask about seeking damages for the ietms lost, medical bills and moving expenses but fraud may be an issue as well. Paint does not cure a mold problem, it'sstill there.

Lease  agreements should not contain statements such as that, as a disclosure to inform a tenant of pending risks as if it is common for the area. The property either conforms to health and safety issues or it does not.