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ABC 23 Offers Tips On How To Get Rid Of Mold

Who is responsible- tenant or landlord? ABC 23 has the answers.

POSTED: 6:41 pm PDT May 10, 2010
UPDATED: 12:05 pm PDT May 11, 2010

Legal officials ABC 23 spoke to says mold seems to be a growing problem among residents here in Bakersfield.

And it's a problem not many people know how to handle.

So ABC 23 spoke to city officials and an attorney to find out what you can do if you have mold.

As you walk into Claudio Ruiz Jr.'s East Bakersfield apartment, you don't have to see mold to know it is there, "You can smell that in here," said Ruiz.

Ruiz believes mold has developed inside his walls as a result of leaky plumbing. "I can't breathe right now," said Ruiz. It's a problem Bryant Reagor of east Bakersfield can sympathize with. "I have bad headaches or stomach pains and chest pains," said Reagor.

Last week, ABC 23 told you about Reagor's moldy mess covering his ceiling, air vents and windows -- the result of a leaky ceiling. In both these cases, the landlords have fixed the leaks, but what about the mold? Is it the tenants' responsibility to clean it up or the landlords? We asked the Greater Bakersfield Legal Assistance. "Once mold is present, it would be part of a cleanup of a leak. In my opinion,the landlord would be required to clean up the mold provided it's toxic mold," said Tim McKinley of GBLA.

McKinley says the landlord is only responsible if the mold is toxic and the result of a building problem such as plumbing or a cracked ceiling. If the mold is growing because the tenant is living in dirty conditions, then it's the tenant's responsibility. So what should you do if you find mold that is not your responsibility?

"Write to the landlord. Calling the landlord over the phone or talking to them in the parking lot is not sufficient," said McKinley.

Then give the landlord about 30 days to repair the problem that is creating the mold. Meanwhile hire an indoor environmental analyst to find out if mold is toxic. If your landlord does not fix the problem in a timely manner, call the county code enforcement to complain. You can reach them at 862-8603.

A code enforcement officer will survey the problem, request any repairs, and issue a citation if needed. If the problem continues after that, you can contact the Greater Bakersfield Legal Assistance.
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