REAL ESTATE FAQ’S

As experienced Sacramento landlord tenant attorneys and personal injury attorneys, we have seen how habitability issues can transform from just an annoying housing issue, to having physical effects on your health. If you are experiencing mold or another habitability issue in your home, apartment, or workplace, here are some steps that can help with your claim.

1. Take pictures and/or videos

Do this immediately. Take pictures and/or videos of anything that looks like mold, water damage, etc. no matter where it is. This is especially true if it has spread on to your personal items that will need to be replaced. It is important to document what’s going on, because once you contact the landlord or property management company, they will essentially destroy your evidence by “fixing” the problem by “cleaning” or painting/bleaching over mold or other problem areas. Make sure to document the issue(s) right away with pictures before they disappear or you’ll either be out of luck or forced to wait to see if they come back.

Be sure to take pictures with different angles and distances. Sometimes shadows and lighting can make the appearance very different from what you see standing there. Taking more photos than less is the better approach. Also, if you believe there is a leak from an outside source, be sure to photograph/video that as well. Make sure that you save the photos and videos and put them on a disc. This will be an easy transfer of information if you meet with an attorney.

2. Have a professional test the property

Whether it is for mold or another environmental hazard, it is important to have this done by a professional right away. This will help determine the air quality, type of mold or other environmental hazard and the extent of the exposure. It will also serve as evidence of your claim.

It is important that you consult a qualified testing company for this type of test. The cheapest is not always the best, so it may be good to shop around.

3. Notify your landlord, property manager, or responsible party in writing immediately

If the responsible party actually fixes the issue (not pretends to), then you shouldn’t need a lawyer. However, many landlords or property managers try to cut corners by painting over mold or having the tenant clean it with bleach (it will usually come back because it’s in deeper than the surface).

If you have an issue, make sure you notify the responsible party in writing. If you send a text, make sure to follow it up with either an email or written letter repeating your issue and noting when the text was sent. Text messages can be messy and aren’t always considered proper “notice” in writing.

It is imperative to document this in writing because some legal theories require that the landlord must be notified and given a reasonable opportunity to remedy the problem. Make sure you keep good records of your communication—don’t let it be a he said she said argument. If you put it in writing and the problem isn’t fixed or it’s ignored, you may be entitled to damages.

4. Keep a record of your lost property and expenses

This is extremely important to do. You can’t ask for what you don’t know. Keep a running tally of any lost or damaged property or damages that have resulted from the issue. This can be household items you threw away or had to have professionally cleaned, moving expenses, security deposit, mold tests, travel expenses, hotel expenses, doctor’s visits, etc. Basically any additional cost you wouldn’t have had if it weren’t for the issues with your apartment/home. Before throwing anything away, make sure you take a picture of it. For larger items, if you have a receipt or proof of purchase, that will help as well so make sure to keep those.

5. Seek medical advice or treatment

If you think the exposure to the mold or other hazard has caused health issues, then you should set up a consult with your physician. Environmental claims must be supported by expert testimony from a physician and mold can be difficult to pin down as the cause. If you are able to go beyond your primary physician, you should seek out a doctor with experience in mold exposure or exposure to toxic chemicals. Sometimes mold or bacteria can exacerbate pre-existing conditions as well. It is important to try to have your doctor or specialist connect the exposure to your health condition, if possible.

6. Hire an experienced Sacramento toxic mold attorney like Hanecak Law Inc

Not all landlords cut corners that put your health in jeopardy. But don’t let those that do take advantage of you. Let the experienced toxic mold attorneys at Hanecak Law Inc fight for your rights and get you the compensation you deserve for lost property and health problems. We specialize in handling these types of cases against apartment complexes who refuse to provide the proper standard of housing. If mold or any other habitability issue has been a problem for you, fill out our FREE case evaluation form here.

Under California law, a landlord must maintain rental property in a condition fit for human beings. The Warranty of Habitability is implied in every residential lease in California.

Examples of the Warranty of Habitability (Civil Code Section 1941.1) include:

1. Effective water and weather protection of roof, exterior walls, windows, and doors.
2. Plumbing or gas facilities that conform to code at time of installation, maintained in good working order.
3. Hot and cold water supply to appropriate fixtures and connected to a sewage disposal system.
4. Proper heating facilities in good working order.
5. Proper electrical lighting, wiring, and electrical equipment.
6. Sanitary building and grounds maintained free of trash, garbage, rodents, and vermin.
7. Adequate number of receptacles in good condition for garbage.
8. Floors, stairways, and railings maintained in good repair.

While this is what the California code specifically states, examples of a failure to provide a habitable residence may extend beyond these examples.

If you believe that you have a habitability issue, you should immediately contact your landlord in writing to document the problem. If the landlord doesn’t fix the problem you should contact a landlord tenant attorney to evaluate your options. We offer a free case evaluation.

There is no cost to speak with us regarding your landlord tenant or habitability claim. We offer free case evaluations to help you determine your options. Please give us a call at (916) 619-5452 or fill out our case evaluation form online here. (link.)

Possibly, but it really depends on the extent of it. If you have a minor amount in spots where it’s a normal occurrence such as your bathroom or windowsill, it probably won’t be enough to break your lease. Now if you find black mold, or extensive growth of green mold on walls, personal property, underneath carpet, in the garage, etc. then the chances of breaking your lease will definitely go up.

For the most part, apartment complexes will try to hold you to the lease or blame the condition on the tenants. It’s not until a landlord tenant attorney addresses the issues with them before they will listen. One way of helping your case is to follow the steps in our Habitability Checklist: What to do if there is mold or other habitability issues in your home (link to checklist).

Depending on the extent of the mold in your apartment, you could have claims for damages such as a return of your security deposit, moving costs, reimbursement of lost or damaged/property, and any related health costs.

Even if you attempt to break your lease with your landlord before seeking counsel, if you ultimately do retain a mold attorney, this will help them get things moving for you right away.

California law requires that landlords must maintain rental property in a condition “fit for human beings.” This is called the “Warranty of Habitability.” California Civil Code Section 1941.1 lists out specific examples of what is required, however, examples of uninhabitability may extend beyond these.

What you’re able to claim or seek under the law will depend upon how extensive the issue is. If there is a small amount of mold in your bathroom or kitchen, you will probably not be able to break your lease. However, if this problem persists, there is black mold, or another habitability hazard that endangers your health, your claim gets stronger.

If you have lost property due to the mold or hazard, have had to clean it professionally, move, stay in a hotel, or have medical bills associated with the hazard, these are all damages that you can claim. To best determine what your rights are, you should meet with an experienced landlord tenant attorney or mold attorney. Our firm provides FREE case evaluations here (link to case evaluation).

Typically, yes. If mold or another type of infestation (rodents, bed bugs, etc.) causes you to lose property or need to have it professionally cleaned, you will likely have a claim for damages. It is important to take pictures and/or videos, keep receipts, and a running log of your damages. Check out our Habitability Checklist (link to checklist) on what to do if you’re in this situation.

Sometimes, landlords will try to claim that the mold or other condition is due to the tenant and not their failure to provide proper housing. As soon as you see an issue of this type, make sure you contact your landlord in writing. Don’t just send them a text. If you do, make sure to follow up with an email or letter detailing your issue and when it began. Documenting the issues will be important to support your claims for damages and seeking reimbursement.

We represent both landlords and tenants. On the tenant side, we specialize in representing those who live in apartment complexes or multi-unit dwellings. We handle the following types of cases:

• Enforcing leases
• Breaking a lease for breach of warranty of habitability or other good cause
• Breaches of warranty of habitability due to toxic mold, rodent or vermin infestation, or other health and safety violations
• Failure to properly document and return security deposit
• Improper disposal or care of personal property in a residence by a landlord (link)
• Toxic mold exposure that results in significant injury or health problems
• Rodent or vermin exposure that results in significant injury or health problems
• Defending tenant claims of the above and more
• Draft notices and letters to your landlord or tenant

We do not represent landlords OR tenants in evictions or unlawful detainers. However, we are able to point you in the right direction as we have relationships with other attorneys who do handle areas of practice that we do not cover.

Yes! And do so immediately. This should be done by a professional right away whether it is mold or any other type of environmental hazard. This is important to do so as quickly as you can because it is your evidence the property had a problem. A test will help to determine the air quality, type of mold or other environmental hazard and the extent of the exposure.

We understand that these can get pricey, but it is important to get a qualified testing company for this. We recommend shopping around because the cheapest option is not always the best.

If you have other questions on what to do if there is mold or another environmental hazard in your house or apartment, check out our Habitability Checklist (link).

After you move out, your landlord has 21 days to either:

1. Return your deposit in full; or,

2. Mail or personally give to you:

• A letter explaining why they aren’t returning all or part of your deposit
• An itemized list of the deductions from your deposit
• Any remaining refund, and
• Copies of receipts for any charges or deductions, unless the cost below $126 or you gave up the right to get the receipts. If the repairs can’t be done in 21 days, then the landlord must send you a good faith estimate of the cost of repairs. Within 14 days of the repairs being done, the landlord must send you the receipts.

Your landlord can deduct the following from your security deposit:

• Fixing any damage you or your guests caused to the property beyond regular wear and tear
• The cost of cleaning the unit so that it was as clean as when you moved in (less any reasonable wear and tear)
• Unpaid rent (most leases require you to pay your last month’s rent and not use your security deposit as payment)

Your landlord can only withhold your security deposit for amounts that are necessary and reasonable. They cannot withhold for ordinary wear and tear. For example, a landlord cannot withhold a security deposit for an issue that existed before you moved in. They also cannot make a tenant pay for paint or new carpets beyond ordinary wear and tear.

If your landlord deducted something beyond this or failed to provide you with the deposit in full or written itemization and receipts as required by law, you may be entitled to your full security back plus additional damages.

If your landlord didn’t return your entire security deposit within 21 days, and you dispute the amount, you can write a letter to the landlord explaining why you believe you’re entitled to a larger refund. You should keep a copy of this letter for your records.

If you’re unable to reach an agreement with your landlord, you have the option of filing a lawsuit against them. You can sue for: 1) the amount of the deposit; plus, 2) twice the amount of the security deposit in damages. If you can demonstrate that the landlord acted in bad faith, you may be awarded additional damages.

Due to the amount of most residential security deposits, your suit will likely be filed in small claims court (claims for less than $10,000). You can find information on small claims cases here.

If the mold or other issue was not your fault and has spread to where it forces you to move, you may be entitled to ask for return of your security deposit. The presence of mold alone or another habitability issue doesn’t guarantee a full return though. If the issue is something that requires extensive cleaning or repair, and it was not your fault, those are the types of situations where you may see a full return of your security deposit.

Make sure you take pictures/videos of the mold or other issues and save them. You will want to document them in the event you have to go to court or look to retain a mold attorney seeking damages on your behalf.

If you are still living in the rental unit, and have not had an unlawful detainer judgment against you, your landlord likely has no right to dispose of your personal property unless it is creating a danger or hazard. In this instance, you would likely be able to claim damages for reimbursement of any lost or damaged personal property.

If you’ve moved out, but left personal property behind, you have 18 days to request, in writing, return of the property. You must include a detailed description of the property and the landlord can charge reasonable expenses in storing the property. Under the law, the landlord is required to return the property in 3 days.

If you left personal property behind, the landlord must exercise reasonable care in storing the property or they will risk liability for any damages incurred.

In certain situations, the landlord may make a reasonable assumption that the property was abandoned. This includes not receiving rent, spoiled food in the fridge, removal of a majority of personal items including clothing. The landlord is required to send a notice of abandonment to the last known address as well as post the notice on the door. If you are a landlord, you should also try to contact your tenant via phone or email. If there is no response from the tenant in 18 days, the landlord may take legal steps to reclaim the unit.

If the property is valued at less than $300, the landlord may keep it. If it exceeds this value, it must be sold at a public auction. The landlord is entitled to deduct cost of storage, advertising the sale, and conducting the sale from the proceeds of the items.

If you are a landlord or tenant in this type of situation, contact us today for a free case evaluation on disposal of personal property.

We offer experienced representation for disputes in the course of sale and purchase of residential and commercial property, which includes issues like:

• Breach of Purchase Agreements
• Misrepresentation by Buyers, Sellers, and Agents
• Suits Against Financial Institutions
• Title Disputes
• Boundary Disputes
• Liens
• Escrow

We offer a free case evaluation to help you determine your options.

If you are attempting to buy a home and the seller backs out of the purchase, you generally have two options available to you: a damages action for a breach of contract or a suit to enforce the contract and sale of the home (ordinarily, you cannot obtain both). This is, of course, if you have a binding contract in place; without one, there may be nothing to enforce.

A buyer’s recoverable damages are determined by the contract itself or by the law. If there is no contract provision determining damages for a breach, the law allows the buyer to recover the following for a seller’s breach to convey title to real property:

• The price paid
• Expenses incurred in examining title and preparing necessary papers
• The “market-contract differential,” i.e., difference between the agreed upon price and value of the property agreed to be transferred at the time of breach
• Expenses incurred in preparing to enter the land
• Consequential damages according to proof, i.e., reasonable and foreseeable expenses incurred in executing the contract such as developer costs
• Interest

Before pursuing an action as the buyer, however, you must “tender” performance, i.e., you must demonstrate you are ready, willing, and able to pay the purchase price under the contract. This is required unless the seller breaches before performance is due under the contract and the transfer of title is rendered impossible.

It is important to remember that each situation is unique and requires a full analysis of each option before determining which is best in your case and what damages may or may not be available.

Similar to if a buyer backs out, you generally have two options: a damages action for a breach of contract or a suit to enforce the contract and sale of the home. Typically, however, sellers rarely seek to enforce the contract and will seek monetary damages.

Many factors can go into determining your options such as: whether there is an enforceable contract, if the home’s value increased or decreased during this time, if a subsequent sale made up for the losses or created a loss, and when the property value is calculated.

Seller’s damages are limited either by the contract itself or by law. If there is no provision in the contract for a breach, the law states that an aggrieved seller is entitled to recover:

• General damages, i.e., the excess (if any) of the amount that would have been due under the contract less the value of the property to you;
• Consequential damages, i.e., reasonable and foreseeable expenses to make the seller whole such as expenses incurred in finding a new buyer
• Interest

It is important to take the factors (and more) into consideration when choosing whether to pursue a claim. If the market is fairly stable or the property appreciates, it is unlikely there is any general damage suffered under the law.

Seller’s damages are limited either by the contract itself or by California Civil Code section 3307. If there is no provision in the contract for a breach, the law states that an aggrieved seller is entitled to recover:

• General damages, i.e., the excess (if any) of the amount that would have been due under the contract less the value of the property to you;
• Consequential damages, i.e., reasonable and foreseeable expenses to make the seller whole such as expenses incurred in finding a new buyer
• Interest

It is important to take the factors (and more) into consideration when choosing whether to pursue a claim. If the market is fairly stable or the property appreciates, it is unlikely there is any general damage suffered under the law.

Additionally, these damages may not be available to you if you choose to enforce the contract under specific performance.

A buyer’s recoverable damages are determined by the contract itself or by California Code section 3306. If there is no contract provision determining damages for a breach, the law allows the buyer to recover the following for a seller’s breach to convey title to real property:

• The price paid
• Expenses incurred in examining title and preparing necessary papers
• The “market-contract differential,” i.e., difference between the agreed upon price and value of the property agreed to be transferred at the time of breach
• Expenses incurred in preparing to enter the land
• Consequential damages according to proof, i.e., reasonable and foreseeable expenses incurred in executing the contract such as developer costs
• Interest

It is important to remember that each situation is unique and certain factors will affect the amount of damages available.

Additionally, these damages may not be available to you if you choose to enforce the contract under specific performance.

Specific performance is a remedy wherein a party asks the court to order that the contract, per its terms, be enforced. Monetary damages in addition to the enforcement of the contract, if any, will depend on the terms of the contract itself as well as the situation surrounding the sale.

In mediation, the parties will sit down to discuss their issues and retain the right of whether they want to settle. The mediator doesn’t have any power to impose a resolution, but acts as a neutral third party in hopes of helping the parties come together for a resolution. Thus, there is no binding resolution in mediation.

Arbitration, on the other hand, is similar to going to court. The process is fairly similar, but can move along a little quicker. The parties give the power to decide to an arbitrator and the final ruling of the arbitrator is binding.

If you are dealing with a residential real estate contract dispute with a California Association of Realtors Form (CAR Form), then contact us today. There are specific steps that need to be taken when dealing with one of these forms to make sure you do not waive any of your rights.