I conduct these types of mold inspections, for both landlords and tenants on a weekly basis. I provide an objective report on the mold conditions present.
As a landlord, former tenant, mold inspector and expert witness, here are my thoughts on the mold issues for rental properties.
Mold and the Landlord's Duty to Maintain Habitable Premises
The landlord may be liable for a mold problem in a rental. Here’s an overview of the issues.
Mold Caused by a Landlord's Failure to Fix Problems
Landlords in California are responsible for maintaining fit and habitable housing and repairing rental property, and this extends to fixing leaking plumbing, ground water, windows, and roofs -- the causes of most mold. If the landlord doesn't take care of leaks and mold grows as a result, they may be held responsible if a court is convinced that the mold has caused a health problem.
Mold Caused by Tenant Behavior
The liability picture changes when mold grows as the result of tenant behavior, such as keeping the apartment tightly shut, creating high humidity, or failing to maintain necessary cleanliness. When a tenant's own negligence is the sole cause of injury, the landlord is not liable. However, as a mold inspector, I find these tenant caused conditions to be extremely rare.
Mold Clauses in Leases
Some landlords include clauses in the lease that purport to relieve them from any liability resulting from mold growth. Some courts have refused to enforce such a clause, ruling that to do so would be against public health policy.
Preventing Mold Problems
A smart landlord will try to prevent the conditions that lead to the growth of mold -- and tenants should be the landlord's partner in this effort. This approach requires maintaining the structural integrity of the property (the roof, plumbing, grounds, and windows), which is the landlord's job. The tenant can help by preventing mold problems in the home in the first place and promptly reporting problems that need the landlord's attention.
To learn more about the landlord's duty to repair, see the Nolo section Repairs and Maintenance.
To learn more about the landlord's duty to repair, see the Nolo section Repairs and Maintenance.
Steve Zivolich, M.A., the owner/operator of Guaranteed Property Inspection and Mold Investigation Inc. has been providing property and environmental inspections for over 13 years in Orange County and Southern California.
Steve Z. has performed over 6,000 home inspections, mold, energy and environmental inspections and is fully certified and insured to meet all your inspection needs. He personally provides all field inspection services and as a result is able to maintain the highest Better Business Bureau rating of A+.
Steve has extensive training and years of experience as a home, mold, energy and environmental inspector that will guarantee that you receive the most thorough, state of the art and comprehensive inspection that follows current industry standards of practice and codes of ethics, a true value and education at a fair price. He conducts every inspection, as if he were moving his own family into the property. Steve also backs up every home inspection with a 90 day warranty, that is purchased on your behalf from American Home Warranty Association.
Unlike other home inspection companies, who will need to refer you to an environmental and/or energy audit contractor, Steve is a nationally certified expert that can handle the job without making you jump through hoops to hire additional people before the end of your inspection period, including the areas of: mold, asbestos, allergens, child safety, radon, formaldehyde, energy, EMF, water quality, and VOC's. As a result of his advanced training, he is able to offer a FREE energy audit and FREE mold investigation as well, with each home inspection.
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Please take the time to read through Steve's home inspector credentials and qualifications as this is so important when hiring an inspector. Don't focus on price alone, focus on value, quality, experience and professionalism. When you hire an inspector, any inspector, you are hiring their individual knowledge, experience and qualifications so make sure you hire the best, not just the cheapest. We are confident that you will be Steve's next satisfied customer.
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