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Mold??

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Msesmer

Junior Member
What is the name of your state (only U.S. law)? CA

I have a one year lease that expires in Nov. and I just recently noticed that since before I have moved in, one of the sprinklers faces towards the house and therefore every time the auto sprinklers come on outside my condo, it has been spraying my condo which is the living room side. Inside, that wall appears moist and the brick from the fireplace is starting to deteriorate. Outside, the wood from that wall is also deteriorating and is starting to look moldy.
I have severe allergies and Ive noticed that as soon as I get home I sneeze uncontrollably until I my nose gets use to it or I walk by it again.

Another thing completely separate from this issue: there is a HUGE cat issue in my neighborhood. Its gotten to the point where I cant go out my front door because my stoop smells like cat urine. Ive noticed some of these cats belong to my neighbors because many of them leave food out for them. I usually have to leave my house through the garage so that I dont go into a sneezing attack with itchy eyes and all that. Ive also heard that the smell of cat urine can give you pneumonia??

The question is

under civil code 1942 can I can get out of my lease for these issues, especially if I get a doctor note about my severe allergies?
What are the steps I should take? :confused:
 
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Alaska landlord

Senior Member
The first thing you do is communicate in writing to your landlord about the possible damage to his property due to the sprinkler.

As for the cat's, try a little pepper around the area they usually visit. I don't think a doctor's note will get you anywhere with your landlord. But, you never know, you do live in CA.
 

Msesmer

Junior Member
Ive done that part still waiting for a response.

I had read that tenants have the right to an habitable place (civil code 1942) which I think that the mold that it is causing is inhabitable along with the cat urine.

Does that give me the right to get out of my lease?
 

Alaska landlord

Senior Member
I don't think so. In my opinion it looks like you just have allergies and can make the same claim for just about any situation. If this is such an inconvenience, why not get a spray bottle with a solution of bleach and soapy water and spray the affected area. make sure you rinse it with hose water after doing so. Check your lease agreement for your responsibility with regards to maintenance.
 

Msesmer

Junior Member
I have allergies to the mold its creating along with the cat urine. not just anything.
I don't think I should have to live with the possibility of mold, let alone take care of it myself.

Is anyone else familiar with tenants rights?
 

Cvillecpm

Senior Member
HOA would control the direction and intensity of the sprinklers not the landlord.

Have you had discussion with on-site HOA reps or landscape people?
 

Msesmer

Junior Member
There is no HOA.
My problem is not the sprinkler but the mold it has created FROM the sprinkler hitting the house for who knows how many months
 

Msesmer

Junior Member
The problem is you, and the sprinkler.
You need to learn how to adjust the sprinkler head.
If you have no advice to give, just smart remarks, I would appreciate you not responding.

Like I stated in my post, the sprinkler is causing the mold. It doesn't matter if I move it, the damage has been done. Im suffering severe allergies and sickness from the mold it has created**************..
 

Msesmer

Junior Member
To clarify my question this is from a tenants perspective, so if you're a landlord and dont know tenants rights in California please dont bother responding
 

Alaska landlord

Senior Member
If you want the landlord to hold your hand, then rent an apartment. You need to check your lease agreement to determine your responsibility as a renter. Adjusting the sprinkler head is a simple matter. Why not hire someone or ask a neighbor to help you?

I think you just want out of your lease at any cause and are fishing for excuses.
 

Msesmer

Junior Member
If you want the landlord to hold your hand, then rent an apartment. You need to check your lease agreement to determine your responsibility as a renter. Adjusting the sprinkler head is a simple matter. Why not hire someone or ask a neighbor to help you?

I think you just want out of your lease at any cause and are fishing for excuses.
I live in an apartment complex with condos.

Last time I checked, mold IS a pretty serious matter. And Im pretty sure the department of housing wouldn't take it lightly that I have to deal with mold, let alone clean it myself.
 

Cvillecpm

Senior Member
No - allergies are not result of mold.

There are almost 70,000 different kinds of mold - less than 10% are toxic....there is mold in our everyday lives - from yogurt to milk to bathroom mildew.

How is your landlord responsible for the cat urine OUTSIDE of the rented dwelling unit....seems to me you are really stretching to break your lease
 

Msesmer

Junior Member
No - allergies are not result of mold.

There are almost 70,000 different kinds of mold - less than 10% are toxic....there is mold in our everyday lives - from yogurt to milk to bathroom mildew.

How is your landlord responsible for the cat urine OUTSIDE of the rented dwelling unit....seems to me you are really stretching to break your lease
I can SEE the mild!! my nose isn't telling me!!

I have seen you and alaska landlord's other post and it seems to me as if you're one of those LL that tries to get their tenants for everything they have. I know my rights and I'm asking these questions referring back to my rights, so if you're not familiar with California law and tenants rights in California along with civil code 1942 & 1941, then you don't need to respond!
 

Alaska landlord

Senior Member
I live in an apartment complex with condos.

Last time I checked, mold IS a pretty serious matter. And Im pretty sure the department of housing wouldn't take it lightly that I have to deal with mold, let alone clean it myself.
Department of housing is not going to care about something that is in 100% of every lawn. You say there is no HOA, so who takes care of the lawn? Mold predates mankind and is everywhere.

Hint! Spray bottle with bleach water.
 
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