Can i terminate lease due to mold after flood?

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I live in lake elsinore, ca. We where flooded back in December 2010. the landlord was adviced and all that was replaced was the carpet. The hole bottom floor was about 3-5 inch in water. The tile from the kitchen, laundry room and dining room where never replaced. The kids have been getting sick every other month. I bought a mold test and placed it in the kitchen area and mold grew with in 24 hrs. i sent the sample to the lab and i still do not have the results. The landlord states all they have to do is rechaulc and paint?

Attorney Answers

2
Bernard Antin ·
This most likely a state specific question. However, it would seem that if the landlord made repairs that indeed inadequate as shown by the lab results you may have a basis for claiming a constructive eviction, the landlord is in effect evicting you be leaving the premises uninhabitable. You might notice the Landlord that you are withholding rent until all repairs are completed and until that time monthly rent would deposited in a financial institution. However not being a CA lawyer you need to consult local counsel. Good luck.
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Frank Chen ·
Yes, possibily. It depends upon the results of the mold test and the surrounding facts, which you ought to go over with an attorney in your area. For basic information about the "abandonment" (moving out) remedy, see:
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