Before your lease is signed
Make sure your tenants review the Department of Real Estate handbook
Document all repairs
Documentation beats conversation
What you’re responsible for
What are landlords responsible for, when it comes to mold and water issues
Can a landlord be sued for unknown mold? No!
SECTION 1. Section 1941.7 is added to the Civil Code, to read: 1941.7. (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2.
Know tenant responsibilities
This bill would specify that visible mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and therefore a substandard condition. The bill would define mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. By expanding the definition of a crime, this bill would impose a state-mandated local program.
What mold issues are tenants responsible for?
Who These Protections Apply To
The Tenant Protection Act applies to ALL residential rental units in the state except those specifically identified in the law. Some examples of properties not covered by the Act include:
Just-Cause Eviction Requirement
Landlords can only evict a tenant for one of the reasons listed above. Some of these reasons have their own specific requirements. For instance:
Owner Move-In: A tenant can only be evicted for owner move-in if the owner or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent intends to move into the unit. Any landlord planning an owner move-in must act truthfully and in good faith and comply with all state and local requirements. Effective April 1, 2024, the owner or relative must move in within 90 days after the tenant leaves and live there as their primary residence for at least 12 consecutive months. Otherwise, the unit must be offered back to the tenant at the same rent and lease terms as when the tenant left, and the tenant must be reimbursed reasonable moving expenses. Also, effective April 1, 2024, the eviction notice must include the name of the person moving in, their relationship to the owner, and that the tenant may request proof of that relationship, and there must be no other similar unit already vacant on the property that the owner or relative could move in to instead.
Substantial Remodel: Landlords must act truthfully and in good faith and comply with all state and local requirements when evicting a tenant to conduct a substantial remodel of a unit, as not all repairs meet the definition of “substantial remodel.” To be a “substantial remodel,” the landlord must plan to either replace or substantially modify a structural, electrical, plumbing or other system in the unit in a way that requires a permit, or to abate hazardous materials within the unit. In addition, the work must not be able to be done in a safe manner with tenants in the unit and must require a tenant to vacate the unit for at least 30 consecutive days.
Cosmetic renovations do not count. Please also be aware that there may be special protections for protected groups such as senior tenants. Effective April 1, 2024, the eviction notice must include a description of the work to be done, copies of required permits, and a notice that if the substantial remodel is not commenced or completed, the tenant must be given the opportunity to re-rent the unit at the same rent and lease terms as when the tenant left.
(Civ. Code § 1946.2.)
Lying about the reason for evicting a tenant is illegal, and tenants with concerns about the legitimacy of their eviction should consult an attorney.
In addition to the statewide requirement that landlords have just cause before evicting a tenant, local laws may offer additional protections to residential tenants. Tenants and landlords should consult local resources to see whether their city or county has rules that may offer additional tenant protections.
For more information about evictions, including what to do if you get an eviction notice, see the Know Your Rights – Eviction Process guide.