Mold and leaks in a California rental
California treats visible mold growth as a substandard housing condition, and a landlord has to repair it once they have notice. The practical rule is simple: tell them in writing, keep a copy, and photograph everything.
What the law says
- Mold is on the substandard list. Since January 1, 2016, Health and Safety Code 17920.3 includes visible or otherwise demonstrable mold growth, as determined by a health or code enforcement officer. Minor mold on surfaces that get wet in normal use, like a shower, is excluded (SB 655).
- Notice starts the clock. Under Civil Code 1941.7, a landlord isn't required to repair mold until they have notice of it.
- Habitability. Civil Code 1941.1 lists what makes a rental habitable, including effective waterproofing and weather protection and plumbing in good working order.
This is general information, not legal advice. For your situation, a tenant rights group or a lawyer can help.
How to ask
- Photograph the mold or the leak with the date, and the source if you can see it.
- Write to the landlord or property manager: what you found, where, when you noticed it, and that you are asking for repair. Email or a text you can keep works; keep a copy.
- Give access for an inspection or repair; the law lets a landlord enter for it with proper notice.
- If nothing happens, the City of San Diego and other cities take housing code complaints.
San Diego renters
About 48% of occupied homes in the ZIP codes we cover are rented (Census ACS 2020-2024), and in Pacific Beach, North Park and Logan Heights it is more than two in three. In apartments the leak often comes from another unit. Tell the landlord right away even if the water isn't yours; the delay is what turns a leak into mold.
Your belongings
The landlord's insurance covers the building, not your things. Renters insurance usually covers your belongings after a sudden leak or a fire, and may pay for a place to stay. Flood is excluded there too.
Questions San Diego homeowners ask
Can I withhold rent over mold?
California has narrow remedies such as repair-and-deduct under Civil Code 1942, with strict conditions. Get advice from a tenant rights group or a lawyer before withholding anything.
Who pays for my things damaged by a leak?
Usually your renters insurance. The landlord may be responsible if the damage came from their failure to repair after notice.
Sources
- California Health and Safety Code section 17920.3 (substandard buildings, including mold)
- SB 655 (2015), chaptered: adds mold to California's substandard housing conditions
- California Civil Code section 1941.7 (mold repairs after notice)
- California Civil Code section 1941.1 (habitability)
- US EPA: A Brief Guide to Mold and Moisture at Home (updated February 18, 2026)