Mold in a San Jose rental: what California law says

The rule

California Health and Safety Code 17920.3 lists "visible mold growth, as determined by a health officer or a code enforcement officer" as a substandard condition, excluding minor mold on surfaces that collect moisture as part of their normal use (think a little mold on shower caulk). The same section also lists dampness of habitable rooms.

The California Department of Public Health explains that when local code enforcement cites a rental for substandard mold, the owner is required to fix it.

For tenants in San Jose

1. Tell your landlord in writing and keep a copy, with photos. California's law also says a landlord isn't required to repair mold until they have notice of it.
2. Report leaks right away. The EPA advises renters to report plumbing leaks and moisture problems to the owner or manager immediately.
3. Request an inspection if it isn't addressed. In San Jose, use the city's Code Enforcement service request page.

This is general information, not legal advice. For your specific situation, contact a tenant rights organization or an attorney.

For landlords and property managers

• Fix the moisture source first: roof, plumbing, ventilation, or grading.
• Ask for a written scope with containment, material removal, and verification so you have documentation if the unit is reinspected.
• Consider independent clearance testing before rebuild and re-occupancy.