A Practical and Legally Informed Guide for California Tenants

What To Do If You Find Black Mold in Your House

Discovering black mold in your home can be unsettling. Whether you notice dark patches creeping along a bathroom wall or smell a persistent musty odor, the situation should never be ignored. Black mold can point to deeper moisture problems in your home and, in many cases, may signal that your landlord has failed to maintain safe and habitable living conditions.

This guide explains exactly what to do if you find black mold in your house, how to protect your health, and when mold becomes a legal issue under California law.

1. Stay Calm, but Take Mold Seriously

Black mold (Stachybotrys chartarum) thrives in humid, damp environments and grows on materials like drywall, wood, insulation, and wallpaper. While not every mold is toxic, all molds can trigger respiratory symptoms, allergies, or worsen asthma.

The first step is simply acknowledging that what you found is important and deserves immediate attention. Mold is not something to brush aside or wait to “see if it goes away.”

2. Inspect the Area and Document What You See

Before doing anything else, take time to document the mold:

  • Photograph the mold from multiple angles
  • Capture videos, especially if you see moisture, leaks, or stains
  • Check nearby areas for additional patches or hidden growth
  • Note the smell (musty odors often indicate hidden mold)

Do not scrape, scrub, or paint over the area yet. Altering the mold can spread spores or destroy valuable evidence.

3. Identify Possible Moisture Sources

Black mold does not appear without a cause. Look around the area and ask yourself:

  • Is there a leak in the roof, ceiling, or plumbing?
  • Is the bathroom fan not working properly?
  • Are windows sweating or letting moisture in?
  • Has there been flooding or water damage recently?

In California, landlords are responsible for repairing leaks, ventilation failures, roof problems, and other moisture-related issues that allow mold to grow.

4. Report the Mold to Your Landlord in Writing

Written notice is crucial. California tenants should report mold through:

  • Email
  • Text
  • Tenant portal
  • Certified mail

Include:

  • Photos or videos
  • The date you first noticed the mold
  • Any symptoms you or your family are experiencing
  • Concern about leaks or ventilation issues

This establishes a timeline and protects your rights.

5. Monitor Your Health and Seek Medical Care if Needed

Exposure to black mold can cause:

  • Coughing or wheezing
  • Headaches or fatigue
  • Sinus congestion
  • Skin irritation
  • Worsening asthma
  • Nosebleeds
  • Respiratory infections

If you notice symptoms, especially if they improve when you leave the home, consult a doctor and keep copies of all medical records.

Children, older adults, and people with asthma or allergies are more vulnerable, so monitor them closely.

6. Do Not Rely on Quick Fixes or DIY Patches

When tenants report mold, some landlords send workers to:

  • Paint over the mold
  • Spray bleach on the surface
  • Wipe it down and leave

These are not real solutions. Mold will return unless the moisture source is properly repaired. Temporary fixes can also hide evidence.

For very small spots (less than 10 square feet), you may attempt cleanup with proper gear, but recurring mold or large patches should always be handled by professionals.

7. Decide Whether Professional Mold Remediation Is Needed

You should contact professionals if:

  • The mold keeps coming back
  • The mold covers a large area
  • The source of moisture is not obvious
  • You or family members are getting sick
  • The landlord refuses to take action
  • There was significant water damage

Mold remediation specialists can locate hidden growth, test moisture levels, and identify the true cause. Their findings can help support a habitability or injury claim if needed.

8. Know Your Rights Under California Law

Under California’s Health and Safety Code section 17920.3, mold and dampness are considered “substandard housing conditions.”

Under the Implied Warranty of Habitability, landlords must:

  • Repair leaks
  • Maintain proper ventilation
  • Address water intrusion
  • Provide safe and livable conditions
  • Fix issues that cause mold

If they fail to fix the problem, delay repairs, or only cover up mold, they may be violating your housing rights.

9. Protect Your Property and Track Costs

If mold damages your belongings, keep:

  • Photos of the damage
  • Receipts for replacements
  • Notes on what was affected

You may be entitled to recover property losses as part of a legal claim.

10. Contact a Tenant Rights Attorney if the Problem Is Ignored or Minimally Addressed

If your landlord:

  • Ignores your reports

  • Tells you the mold is “normal” or “not dangerous”

  • Refuses to investigate leaks

  • Only paints over the mold

  • Blames you without evidence

  • Retaliates or threatens eviction

you should speak with a tenant rights attorney immediately.

The Law Offices of Katherine Cohan, APLC helps tenants across California document mold problems, prove habitability violations, and pursue claims for:

  • Medical expenses
  • Property damage
  • Rent abatement
  • Relocation costs
  • Pain and suffering
  • Emotional distress

Your consultation is offered as a Free Assessment with no upfront fees.

Take Action Now

Black mold is not something to ignore, and you do not have to handle it alone. If you find black mold in your house, taking the right steps early can protect your health, your home, and your legal rights.

Contact The Law Offices of Katherine Cohan, APLC today for a Free Assessment. We will help you understand your rights, document your case, and take legal action to ensure your home and health are protected.