What Tenants Need to Know Before Accepting a Landlord’s Excuse

Common Misconceptions About Mold in California

Mold in a rental home can feel alarming, especially when landlords try to reassure tenants that what they are seeing is “normal,” “harmless,” or “perfectly safe.” Our team often hears from tenants who receive messages like these, and instead of being comforted, they end up more confused and worried.

So what does it actually mean when a landlord claims the mold in your home is nothing to worry about? Why do these statements often miss the point? And how can you respond when you still feel concerned about your health or living conditions?

Below is a breakdown of the most common myths about mold in California rentals, along with straightforward explanations to help tenants understand their rights and the real risks involved.

Misconception 1: “All Mold Is Harmless.”

Reality: Different molds affect people differently, and some can produce harmful toxins.

When landlords say “that mold is safe,” they are often referring to the fact that not every mold species produces toxins. While this may be technically true, it does not mean the mold growing in your home is risk-free.

Here are the problems with the “it’s safe” assumption:

  • Some molds produce mycotoxins, which can affect humans and animals.

  • All molds release spores, which can trigger allergies, respiratory issues, or asthma.

  • People react differently. One household member may feel fine while another suffers headaches, congestion, or fatigue.

If you are experiencing symptoms, you should always report them to both your landlord and your doctor. Your health comes first, and mold should never be dismissed just because someone else believes it is harmless.

Misconception 2: “Painting Over It Solves the Problem.”

Reality: Painting over mold treats the symptom, not the cause.

Some landlords send maintenance workers to paint over mold or wipe it with bleach. While this may make the problem disappear temporarily, it does not solve the underlying issue.

When mold returns quickly, it means:

  • Moisture remains inside the walls.
  • A leak or source of water was never repaired.
  • Ventilation is inadequate.
  • Conditions inside the unit are unsafe and likely to worsen.

Mold is not the core problem. It is a warning sign that something else in the property is failing.

Misconception 3: “A Little Mildew Isn’t a Habitability Problem.”

Reality: Mold is often connected to serious violations of California’s Health and Safety Code.

California law specifically addresses conditions that create mold growth. Under Health and Safety Code section 17920.3, several issues are considered “substandard housing,” including:

  • Improper or broken ventilation
  • Lack of natural light or airflow
  • Damp or wet habitable rooms
  • Plumbing or sewage problems
  • General dilapidation or improper maintenance

These conditions encourage mold to grow and spread. When they exist, the home may legally be considered uninhabitable until the problem is repaired.

If mold keeps returning, it is important to ask:

  • Are the bathroom fans working properly?
  • Are there plumbing or roof leaks?
  • Do the windows open and allow airflow?
  • Is the drainage or sewage system functioning?
  • Is moisture entering through cracks, gaps, or damaged materials?

Each of these issues may violate California’s habitability laws, and a code enforcement officer could cite the landlord for failing to maintain safe living conditions.

Misconception 4: “Since Mold Exists Everywhere, It’s Not a Big Deal.”

Reality: Mold is everywhere, but it should not be growing inside your living space.

Mold spores exist in the air outdoors, but visible mold growth indoors means something is wrong. Mold requires moisture to thrive. When it appears on walls, ceilings, window frames, carpets, or inside cabinets, it suggests a serious moisture problem that the landlord must address.

Properly maintained homes rarely have significant mold issues. If mold is spreading in your unit, it usually indicates neglect or a failure to repair structural issues.

California Tenant Rights Attorney

How Tenants Should Respond When They Are Told “It’s Safe”

If your landlord dismisses your concerns, consider taking the following steps:

1. Document the problem

Take photos or videos of the mold and any signs of leaks, dampness, staining, or water damage.

2. Report the issue in writing

Email the landlord and describe what you see and when it appeared. Written communication creates a record.

3. Ask follow-up questions

Examples include:

  • How will the source of moisture be identified?

  • Has the plumbing, roof, or ventilation been inspected?

  • Why does the mold keep returning?

  • Will licensed professionals be involved?

These questions make it clear that painting over mold is not a solution.

4. Request a proper inspection

Ask for a moisture test, leak detection, or HVAC evaluation by a qualified technician.

5. Contact local authorities if necessary

Code Enforcement, Housing Departments, and Environmental Health divisions can inspect the property and issue violations.

6. Speak with a tenant rights attorney

If your landlord refuses to act, delays repairs, or retaliates for your complaints, legal guidance can help protect your health and your rights.

California Tenant Rights Attorney

Take Action Now

Finding mold in your home is stressful, and receiving dismissive or misleading answers from your landlord only makes the situation worse. Understanding the realities of mold, the risks it poses, and the legal protections available in California can help you advocate for your safety.

If you believe your landlord is ignoring your concerns, failing to fix the root cause, or violating habitability laws, you do not have to navigate the situation alone.

The Law Offices of Katherine Cohan, APLC helps tenants throughout California address mold problems, enforce their rights, and hold landlords accountable for unsafe living conditions.