Is my landlord liable for mold in my rental unit?
When a residential rental unit has sustained water intrusion and resulting fungal growth, the tenant may sue the landlord for a breach of the statutory warranty of habitability or the implied warranty of habitability.
California law generally defines a landlord's duties under the warranty of habitability as:
a. The general obligation to put and keep a residential building fit for human occupancy; and
b. The specific obligations to maintain:
"Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors";
All plumbing and heating appliances "in good working order";
A water supply "connected to a sewage disposal system approved under applicable law"; and
Buildings, grounds, and appurtenances (at the beginning of a tenancy) and all areas under control of the landlord "clean, sanitary, and free from … debris, filth, rubbish, garbage, rodents, and vermin."