Information on Dampness and Mold for Renters in California — RPI Form 564-1

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This form is used by a leasing agent or landlord when negotiating a residential lease or rental agreement to provide the tenant with information concerning how to identify mold and its causes, steps to take to abate mold and the health effects of mold.

Your use of RPI Form 564-1

Landlord’s duty to maintain habitable conditions

A residential landlord’s duty to care for and maintain a rented property is imposed on landlords as a warranty of habitability implied in all residential tenancies when entering into a rental or lease agreement, written or oral, with a tenant.

The implicit warranty of habitability ensures the landlord keeps their rental unit fit for human occupancy — habitable — prior to and during the tenancy. When notified by the tenant, the landlord is to promptly correct any unsafe or unsanitary condition arising during the tenancy which threatens the unit’s habitability. [Calif. Civil Code §1941]

Residential rental units are in habitable condition when they meet minimum safety and sanitation levels — typically, the local standard building and housing codes. [Calif. Code of Civil Procedure §1174.2]

A residence in habitable condition contains functioning:

weather and waterproofing on windows and doors;
plumbing and gas utilities;
running water with both hot and cold temperatures;
heating;
electrical lighting; and
floors, stairways and railings, when necessary. [CC §1941.1]

Mold informational booklets

All residential landlords are mandated to hand new tenants a copy of the educational government booklet titled: Information on Dampness and Mold for Renters in California.

A physical copy of the educational booklet is delivered to the prospective tenant; an electronic copy alone will not suffice. [Calif. Health and Safety Code §26148]

The landlord delivers the printed booklet to the tenant prior to the tenant signing a rental or lease agreement. [Health & S C §26148(b)]

While the law does not require landlords to issue the booklet to tenants when renewing or extending their rental or lease agreement, it is best practice to do so. Informing all tenants to be watchful for signs of mold and report to management alerts tenants to undertake preventative maintenance and keep the premises free of mold and correct factors contributing to the mold condition.

Information in the booklet covers:

how to identify mold and its causes;
steps to take to abate mold; and
the negative health effects of mold.

Two versions of the booklet have been published:

one in English [See RPI Form 564-1]; and
one in Spanish. [See RPI Form 564-2]

The tenant acknowledges receipt of the booklet by the provisions of the rental and lease agreements. [See RPI Form 550 and Form 551 §6.3(a)]

Enforcement of the landlord’s delivery of the booklet to new tenants is delegated to the local health and safety office or local code and environmental health enforcement officers. [Health & S C §26154]

Analyzing the mold informational booklet

A leasing agent, property manager or landlord hands a new tenant a printed copy of the Information on Dampness and Mold for Renters in California booklet when negotiating a residential lease or rental agreement. The printed booklet provides the tenant with advice concerning how to identify mold and its causes, steps to take to abate mold and the health effects of mold. [See RPI Form 564-1 and 564-2]

The Information on Dampness and Mold for Renters in California covers: