Repair and Deduct remedy - Landlord Forum thread

Repair and Deduct remedy by Lily (CA) on November 6, 2009 @01:45

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
tenant expects landlord to pay for mold tests if requested by him at a cost of $200-400 based on CA DCA law above. Landlord has made attempts to remedy the problem but visual inspections and moisture testing by multiple contractors (including mold/moisture experts) cannot find problem or mold. CA DCA did not comment!

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Re: Repair and Deduct remedy by OK-LL on November 6, 2009 @08:22	[ Reply ]
I've had exactly 1 request for mold testing and I bought a kit at Home Depot, which requires you to expose a plate for 24 hours in the area where mold is identified, then seal it and ship it to a lab. The lab provides an analysis of the spores collected on the plate. Total cost was about $40. Tenants were satisfied.

Re: Repair and Deduct remedy by OK-LL on November 6, 2009 @10:52

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The implied warranty of habitability may be violated if the presence of mold conditions are identified in the rental unit that affect the livability of the unit or the health and safety of tenants.

If you have tested in a manner reasonably calculated to discover/identify any mold which may exist and have found none, then you have CYA. If tenants attempt any type of self-help (repair & deduct, abandon, withhold rent), you will have to take them to court for non-payment of rent and they will have to prove the mold. You would show the court your evidence that you tested and results were negative.

Good luck.

Re: Repair and Deduct remedy by Lighthope on November 6, 2009 @12:07

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I didn't see anything in that law that said anything about mold. The tenant can not just pull something out of the air. His request must be reasonable. Why does he think there is a mold problem? What is his basis? Has he seen any mold? Is he claiming an allergy to mold and it is acting up?

Just saying "test for mold" isn't good enough. Kind of like saying "fix the leak" when there is no evidence that anything is leaking.

Still, this is CA, so do a simply, cheap test. That should be enough without evidence by the tenant of actual mold.

Be warned: Mold exists EVERYWHERE. You can't get away from it. It just depends on the type and how much. But mold "experts" (and lawyers) can find mold anywhere. Here in Washington, I tell my tenants up front, "This is Washington. There's mold. It's just the way the environment is." Anyone who lives in the state for any amount of time knows this to be true and they don't give me any trouble.

Lighthope

Pearls of Wisdom - Incoming fire always has the right of way.

Re: Repair and Deduct remedy by Josh (OH) on November 6, 2009 @14:21	[ Reply ]
odorxit.com claims to have a product that will kill mold and odors by leaving the package open in the enclosed area (seal the room). I have not used it yet, but plan to because of a previous leak in the basement. That and the tenants cats used a section as a litter box.

Re: Repair and Deduct remedy by Susan on November 7, 2009 @13:44	[ Reply ]
If you have already had it tested, have the contractors who tested it give you something in writing. Give a copy to the tenant & keep one for yourself. It was tested and found to be "clean". As far as I can see, you are covered.

Re: Repair and Deduct remedy