Toxic Mold and Tenant Rights in Los Angeles: The 30-Day Trap Explained
You told the person who owns your place. You have the text messages. You know what rights you have when you rent. But the bad mold is still in the apartment. You keep coughing every morning, and you still pay the full rent for it.
This is the problem that a lot of renters in LA run into. California law in Los Angeles gives landlords 30 days to fix mold after they get a written notice. But the law does not say what happens if they just paint over the mold or only clean the surface but do not fix the leak under it.
The mold comes back. Your health does not get better as fast. You are not in this spot because the law is soft. You are in this spot because making a complaint without proof does not often move the person who owns your place. They have seen problems like this before.
What the 30-Day Rule Actually Means in LA
California Civil Code § 1941.1 says that the person you rent from must keep your place safe and clean enough to live in. If you see mold that can hurt your health, that is not okay. The law is not being followed.
Civil Code § 1942 says after you tell the person you rent from in a note or email, they have what the courts call enough time to fix things. In Los Angeles, this is almost always read as 30 days.
Here is what 30 days looks like in practice. The person you pay rent to can wait a whole month before anything happens for sure. After that, you can call the City of Los Angeles Housing Department at 866-557-7368 or the LA County Department of Public Health at 1-888-700-9995 to start a complaint. These places send a letter first.
Then they wait. If the problem does not go away, they set up a visit to the site. You might wait up to 90 days before someone with the power to help comes into your unit.
Matthew Calcanas is an attorney at the nonprofit law firm Bet Tzedek Legal Services in Los Angeles. He says that landlords will often start by painting over the mold.
This stops action but does not solve the problem. The mold comes back again. The whole thing starts over.
Why LAHD Complaints Often Go Nowhere Without Lab Evidence
LAHD staff can see visible mold. But on a normal visit, they cannot find out how much mold is in your air, what type it is, or if the amount explains your health problems. California Health and Safety Code § 17920.3 says mold is a problem in housing. But if staff do not find clear mold on surfaces, they may close the case. This can happen even if mold is in the HVAC and you are breathing it in at night.
This is where people who rent lose out. You say what is wrong. The person who owns the place just cleans on top. The person who checks does not find anything plain to see.
The problem ends. But you still have that cough and feel tired, just like you did months back. The person who owns the place has not fixed anything for you. They have only used up more time.
A certified mold inspection with air samples checked in a lab can change how things go. You get a report from another company that shows what is in the air and how much of it there is. One client with Fast Mold Testing in Los Angeles used this when his landlord said there was no mold in his unit.
He gave the certified results to LAHD. After he looked at the results, he said his case had "a fighting chance because the results back it all up."
If you do not have that report, you only have a complaint. When you have it, you can show proof.
The Legal Options Available to LA Tenants, Ranked by Risk
You have more choices as a renter than many people think. But not all of them are safe. The order you choose them in is important.
Filing with LAHD and the LA County Department of Public Health is the safest first step and does not cost anything. It helps you make a record and tells your landlord in a clear way that there is a problem. Sending a certified inspection report with your complaint helps the person who checks the issue do their job better. It also makes it harder for the landlord to delay fixing the problem.
The repair-and-deduct rule in Civil Code § 1942 lets you hire a cleaning company. You can then take what you paid from your rent, but only up to the same amount you pay for one month. This rule is for times when what needs to be fixed is clear, and your place's owner has not done anything after you wrote to them about it. If you use this rule without good records, you might get a 3-day notice telling you to leave.
Rent withholding is allowed in California but only for certain reasons. It can also lead to an eviction case very fast if the person renting out your home has a lawyer ready. Do not do this without talking to a lawyer. You should also keep good records that you can use in court.
Constructive eviction happens if mold is so bad that you cannot live in your place. The law says you can move out and end your lease. You do not have to pay more rent. You may also get money for what happened. But, you need to show the place was not safe. You should use written records, not just what you remember, for proof.
You can file a civil lawsuit if a place owner does not fix things and this harms your health or your things. In California, you get two years to file if you get hurt from mold. You get three years if your things are damaged. These limits seem long. But if you wait, the time passes fast.
Each of these ways needs the same thing. You have to show what was in your home, when you had it, and that the person you rent from knew about it.
What Building a Mold Case Actually Takes
Most guides tell you to write to your landlord and take pictures. This is just the start. It is not enough to make your case.
Send a written notice by email or certified mail. Say where the mold is and what your symptoms are. This is the first thing you need to do. The date on the notice is important because it starts the legal timeframe. Make sure you send it the day you find the problem. Do not wait several weeks to send it.
A certified mold check done by a company that just tests, not cleans, fixes one of the most common problems renters face. Companies that do both testing and cleaning may want to find more things wrong, because it gives them more work. You want someone honest, whose job is just to give you the facts. Before you hire anyone, these questions to ask a mold inspector can help you find out what sets them apart.
Fast Mold Testing Los Angeles works like this: the team does inspections only and does not do cleanup jobs. Their inspectors have InterNACHI certification. You get lab results in 24 to 48 hours. This is the same way that used by Los Angeles tenants, homeowners, and property managers who want results that will hold up under close look.
Air sample data is something LAHD cannot get by itself. Surface swabs show clear growth that you can see. Air samples tell you what you are breathing in, including mold that moves through walls or air ducts, even if you cannot see it. This data is what makes a "we cleaned it" claim a problem that can be enforced.
Medical records help as well. If your doctor says your symptoms match mold exposure, that can show a link between the inspection report and your health. Injury claims use that connection.
Toxic Mold and Tenant Rights in Los Angeles: Common Questions
How long does my landlord in Los Angeles have to fix mold after I report it?
California law gives 30 days after you send a written notice, as set under Civil Code § 1942. If mold is making your health worse right away, the person who owns your home may need to move faster. The LAHD rules can add more time on top of what the law lets you have. When you send written notice, that’s when the time starts. Send it the day you see the problem.
Can my landlord evict me for reporting mold in Los Angeles?
No. California Civil Code § 1942.5 says that your landlord can’t get back at you for talking about problems where you live. If your landlord tries to raise your rent, cut off things you need, or ask you to leave within 180 days after you made a complaint, the law calls this getting back at you. Make sure you write down the day you talked about the problem and also write down anything else that happens after that.
Should I withhold rent because of mold in my apartment?
Rent withholding is allowed in California, but only under certain conditions. It is still risky if you do not use the legal steps first. If you withhold rent, you can be evicted fast. A better step is to get a certified inspection. You should also file an LAHD complaint. Keep any records that support your case, and get legal advice before you stop paying rent.
What does LAHD actually need to take action on a mold complaint?
LAHD looks at what they can see when they visit. They do not have lab data about what is in the air. This is why landlords who wipe things down before someone comes to check can avoid getting in trouble. A certified air sample report helps with this problem. It gives clear answers and takes away any doubts they may have.
What health symptoms point to toxic mold exposure?
Chronic congestion, worse asthma, being tired for no clear reason, eyes that feel irritated, and skin rashes can all be caused by mold, according to the California Department of Public Health. The biggest clue is when these symptoms get better when you are not at home and come back when you return. This shows there may be an air quality problem in your place.
The 30 Days Are Yours Too
The 30-day window is there so landlords have time to act fairly. Most of the time, that is what happens. If things do not go that way, then you have those same 30 days. A renter who spends that time making a strong record has the law on their side as they move forward.
Book your mold inspection in Los Angeles and get your lab-certified results within one or two days.