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Mold in Your Apartment: California Tenant Rights
Leaks, damp walls and black mold that keeps coming back. California law treats visible mold as a substandard condition your landlord must fix.
Yes, a landlord in California generally must fix mold. Health and Safety Code § 17920.3(a)(13) makes "visible mold growth" a substandard housing condition when a health officer or code-enforcement officer finds it, except minor mold on surfaces that normally get wet, like a shower. Dampness of living spaces is a separate substandard condition (§ 17920.3(a)(11)). If your landlord ignores mold after notice, you may be able to recover rent abatement, medical costs, damaged belongings and other damages.
What causes mold in rentals?
Mold grows where water collects: roof and window leaks, broken pipes, flooding, failing bathroom fans and poor ventilation. Cleaning the surface does not fix it. The landlord has to stop the water source and remove the mold properly, or it returns.
Mold and your health
Exposure to mold and dampness is linked to coughing, wheezing, asthma attacks, allergies and sinus problems, especially in children, seniors and people with asthma. If you have symptoms, see a doctor and tell them about the mold. Medical records help connect the conditions to your health.
What can I recover for mold?
- A refund of part of your rent for the months you lived with mold
- Medical bills and future care
- Furniture, clothing and belongings ruined by mold
- Emotional distress and disruption to your life
- Special damages of $100 to $5,000 and attorney's fees if the landlord ignored a code-enforcement citation for 35 days (Civil Code § 1942.4)
Last reviewed: November 2026 · Ironcrest Law Firm LLP. This page is general information about California law, not legal advice for your situation.
Frequently asked questions
Is black mold illegal in California rentals?
California law does not single out "black mold." Any visible mold growth, other than minor mold on surfaces meant to get wet, can make a unit substandard under Health and Safety Code § 17920.3(a)(13).
Can I break my lease because of mold?
Possibly, if the mold makes the unit untenantable and the landlord fails to repair after notice. Civil Code § 1942 allows a tenant to vacate in that situation. Get legal advice first, because moving out has consequences for your claim.
My landlord painted over the mold. Is that enough?
Usually not. If the leak or moisture is not fixed, mold returns. Painting over mold can also hide evidence, so photograph it before any work is done.
Who pays for mold testing?
In many cases we arrange the inspection as part of the case. A code-enforcement inspection is free.
Living with unsafe conditions, or hurt because someone was careless?
Tell us what happened. Consultations are free, and you pay nothing unless we recover for you.