The California Health and Safety Code, Chapter 18, Section 26147 and 26148 requires landlords to make the following disclosures with regard to mold on the rental property:
If the Landlord Knows or Believes
Residential landlords shall provide written disclosure to prospective and current tenants of the affected units when the residential landlord knows, or has reasonable cause to believe, that 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 to molds established by subdivisions (a), (b), and (c) of Section 26103 or poses a health threat according to the department’s guidelines as developed pursuant to Section 26105.
Air and Surface Testing is Not Required
A residential landlord shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103.
Prospective and Current Tenants Must be Notified
The written disclosure required from the landlord shall be provided:
- To prospective tenants prior to entering into the rental or lease agreement.
- To current tenants in affected units as soon as is reasonably practical.
Written Disclosure Exemption
A residential 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.
Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.
Written Disclosure of Potential Health Risks
Residential landlords shall provide written disclosure to prospective tenants of the potential health risks and the health impact that may result from exposure to mold by distributing a consumer-oriented booklet developed and disseminated by the department.
Note: The requirements of this section shall be provided to prospective residential tenants prior to entering the rental or lease agreement.
Amended by Stats. 2002, Ch. 664, Sec. 134. Effective January 1, 2003.
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