Tenants’ rights in California guarantee the right to live in a safe and risk-free home. Living in a house or apartment with mold, lead, or asbestos poses one of the greatest health hazards imaginable. It is the landlord’s responsibility to ensure these elements do not threaten their tenants.
At Friedman & Chapman, we specialize in defending tenants and helping them live under the protections the habitability law provides. Tenants have several legal resources available, but first, let’s understand the dangers posed by these threats.
Health Hazards to Residents
Long-term asbestos exposure can lead to serious health issues, including lung cancer, mesothelioma, and asbestosis. Inhaling or ingesting even a tiny amount of lead dust can harm the nervous system, stomach, and kidneys. Meanwhile, mold exposure can cause allergies, asthma, and other respiratory conditions.
Mold can also damage the building itself, leading to further issues. By law, landlords must conduct proper inspections to ensure that none of these hazards are present on their properties and to protect their tenants from harm.
Why Should I Be Concerned?
Lead can be found in old paint, and asbestos was once commonly used in insulation and other building materials. For older buildings, these elements can pose a persistent risk, especially if renovation or demolition work is underway. Mold can be hidden anywhere moisture is present.
What Legal Tools Do I Have?
Under California’s Implied Warranty of Habitability, tenants can file a claim for violation if the property is unsafe due to mold, lead, or asbestos. If a tenant suffers health issues from exposure to any of these hazards, they may sue the landlord for damages, which can include:
- Medical expenses
- Lost income
- Pain and suffering
- Relocation costs if the tenant had to move out temporarily
Additionally, tenants have the right to make necessary repairs and deduct the cost from their rent if the issue is serious and the landlord refuses to address it, known as the “repair and deduct” option. Another option is to withhold rent until the landlord resolves the problem. However, this option carries risks, so seeking legal advice beforehand is recommended.
If you find yourself in a similar situation, it’s best to consult an experienced attorney, like the team at Friedman & Chapman, to explore your options. With legal assistance, navigating these issues becomes easier and less stressful. Let our experts help you.