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California Law

 
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Bonnie Lawson



Joined: 30 Sep 2005
Posts: 12

PostPosted: Wed Oct 19, 2005 4:21 am    Post subject: California Law Reply with quote

Here's something I think all Californians should know

California Codes
Health and Safety Code
Section 26141.1 (a) Subject to subdivisions (c), (d), and (e), commercial and industrial landlords shall provide written disclosure to prospective and current tenants of the affected units as specified in subdivision (b), when the landlord knows the mold, both visible and invisible or hidden, is present that affects the unit or the building and the mold either exceeds the permissible exposure limits poses a health threat according to the department's guidelines as developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be provided:
(1) To prospective tenants as soon as practicable and prior to entering into the rental agreement.
(2) To current tenants in affected units as soon as is reasonably practical.
(c) A commercial and industrial landlord shall be exempt from providing written disclosure to prospective tenants pursuant to this section if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130.

This is not the complete code but it gives you a good idea. You can look up more information at WWW.library.ca.gov under California Law

I found this interesting because it is stating that it is against the law for a land lord to even rent you an apartment if he/she knows that there was a mold problem that exsisted at any time in the past unless the proper remediation guide lines have been followed.

This means that the repairs would not be just a 12 X12 square of sheet rock replaced after a water leak, but it would be more like the whole wall of sheet rock replaced. A very noticable thing of RENTER BEWARE.

Sorry this was so long but I think it is important for all Californian's to know these laws and I recommend that anybody having problems with mold exposure look this up. IT'S THE LAW and California seems to be almost the only state that does have laws against mold.

Bonnie Lawson
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Moldpro



Joined: 12 Mar 2003
Posts: 791
Location: San Diego, CA

PostPosted: Thu Oct 20, 2005 3:23 am    Post subject: Reply with quote

California is the first state to enact toxic mold legislation. California’s Toxic Mold Protection Act of 2001 (TMPA), codified at Cal. Health & Safety Code § 26100- 26156 and Cal. Civ.Code § 1102.6 (real property disclosure provision), went into effect Jan. 1, 2002.

The goal of the TMPA is to develop permissible exposure limits (or PELs) for toxic molds, if feasible, and to set standards for the remediation of toxic mold. To achieve this, a taskforce comprised of all stakeholders will be created.

Section 26147 of TMPA requires residential landlords with knowledge or notice of mold in the building to provide written disclosure to both prospective and current tenants of unaffected units of the presence of mold. Pursuant to Section 26143, commercial and industrial landlords with knowledge of or notice of the presence of mold in the building have an affirmative duty, within a reasonable period of time, to remediate it.

The law requires any person who sells or transfers real property to likewise disclose the presence of mold to prospective purchasers. Landlords and sellers are not required to conduct testing to ascertain whether the PELs have been met. However, there is an exemption on the disclosure requirement once remediation pursuant to the guidelines promulgated by the California Department of Health Services under Section 26130 is achieved.

The new California code sections are particularly interesting because they may be used in future litigation to support an argument that a failure to comply therewith establishes negligence per se.
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General Building Contractor, Formerly IAQA Certified Mold Remediator, RE Broker, Formerly IESO Certified Residential Mold Inspector.
Richard's office # 858-279-7800
Keep it clean and dry!
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CURLLIECOLIE



Joined: 20 Feb 2007
Posts: 1

PostPosted: Tue Feb 20, 2007 7:32 pm    Post subject: Reply with quote

WHAT IF YOU ARE A TENANT AND FIND MOLD IN THE HOME ADVISED LANDLORD. WHAT ARE THE REQUIRED TO DO. ALSO ARE THE COMPANIES OR ORG THAT WILL TEST FOR FREE FOR TENANTS
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Moldpro



Joined: 12 Mar 2003
Posts: 791
Location: San Diego, CA

PostPosted: Tue Feb 27, 2007 3:59 am    Post subject: Reply with quote

I am not aware of any agencies or companies that will test for free. The Mold industry is definitely a for profit industry. Nothing is cheap about it.

I am not sure where you live, but there aren't any real regulations regarding mold. but I have been to court a few times and the judges typically rule on the side of the tenant.

Notify landlord in writing. Tell him you want it cleaned up by a Certified Remediator not some joe schmoe handyman. State that you want clearance testing to be sure it has been cleaned up properly.

If they refuse, take em to small claims court.
_________________
General Building Contractor, Formerly IAQA Certified Mold Remediator, RE Broker, Formerly IESO Certified Residential Mold Inspector.
Richard's office # 858-279-7800
Keep it clean and dry!
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