California · Habitability Protocol

Mold, the right way.

A tenant flagged mold. Before you call a remediator — or ignore it — work the four questions that decide your legal exposure under California Civil Code §1941.7 and Health & Safety Code §17920.3.

Is the mold visible, and beyond "minor"?

Section 17920.3(a)(13) only reaches visible growth. It carves out mold that's minor and sits on surfaces meant to get wet — grout lines, a window track, a shower corner.

Visible patches on walls, ceiling, or baseboardsSpreading, discolored, or musty — past cosmetic Minor, on a wet-use surfaceLight grout or shower-corner mildew, intended to accumulate moisture Not visible — suspected behind a wallOdor or stain only; no growth you can see yet

Have you received notice?

Your duty to repair mold doesn't exist until you're told — there's no obligation to inspect on your own (§1941.7). Notice is the clock-starter.

Written notice from the tenantText, email, letter, or maintenance request — dated Verbal mention onlyThey told you or staff in passing A code officer or inspector flagged itLAHD/SCEP citation, or you observed it during lawful entry

Where is the moisture coming from?

Source decides who pays. Building-side moisture is yours. Tenant housekeeping or misused ventilation can shift the duty under §1941.2.

Building causeRoof or plumbing leak, window seal, slab moisture, failed exhaust fan Tenant-side causeNo ventilation, blocked vents, unreported spill, indoor drying Not yet determinedNeeds assessment to locate the source

Any health-threat or unit factors?

These don't change the statute, but they raise your disclosure duty (§26147) and your liability if you sit on it.

Tenant reports symptoms, or unit is RSO / senior occupantRespiratory complaints, vulnerable occupant, rent-stabilized unit None reportedProperty concern only, no health claim