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Uninhabitable Living Conditions Due to Harmful Mold, Moved Out Immediately, Best Way to Get Rest of my Rent Back? Monthly Lease.

Irvine, CA |

Lease renews 1st of every month. I discovered harmful mold March 9 with a testing kit, March 11 I got a Dr note writing mold exposure was responsible for my health problems & not to return to the house, also got lab reports of swab samples I mailed of the mold.

I immediately moved out (9th) and e-mailed landlord. Landlord told me I would have to wait 2 weeks for him to be back to look, no date of when it would be taken care of, no accommodations offered. He wants to keep remainder of March rent and end lease March 31st, I moved into a new place March 15th with all belongings. What is the best way to get rent back?

Reasonable cost of replacement until unit habitable again?

Reasonable loss to rental value from time it was unusable?

Warranty of habitability breached? Abandoned since 9th

Attorney Answers 2


I would caution against moving back to the unit. You should report the condition to the local housing inspector. You should receive a full rent refund because the unit was not habitable. If the landlord refuses, armed tith the report from the Doctor and the Housing Inspector, you can seek recovery in Small Claims Court.. YOu should recieve your deposit back in accordance with Civil Code Sec. 1950.5, in 21 days. You should have advised your landlord that you were terminating the lease because of the unit was not habitable.

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My colleague is correct.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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