Landlord refusing to fix black mold in bathroom - can I withhold rent?

There's been visible black mold in my bathroom since August. I've notified my landlord 6 times in writing (emails, texts). He keeps saying "I'll send someone next week" but nobody ever comes.

My 7-year-old daughter has asthma and her symptoms have gotten way worse since September. Doctor says mold exposure could be the cause.

Rent is $2,800/month and I'm paying full price for an apartment that's literally making my kid sick.

Can I legally withhold rent until he fixes this? What are my options?

Yes, you have multiple legal options here. Black mold is a serious habitability violation under California Civil Code Section 1941.1.

Your options:

1. Repair and deduct: Hire a professional to remediate the mold (must be under $2,800 or one month's rent) and deduct from rent
2. Rent withholding: Place rent in escrow until repairs made
3. Rent reduction: Pay reduced rent based on diminished value
4. Move out + damages: Break lease and sue for health damages

For rent reduction, you can calculate how much less the unit is worth with the mold using a habitability calculator - typically 30-50% reduction for serious mold issues.

CRITICAL: Always pay rent somewhere (escrow account, or reduced amount) to avoid eviction. Never just stop paying entirely.

Can I get estimates for mold remediation now, or do I need to wait for something? And if I do repair and deduct, can he evict me for "not paying full rent"?

Get estimates now. Here's the proper procedure:

1. Send landlord final written notice (certified mail) stating you'll use repair and deduct if not fixed within 30 days
2. Wait 30 days (you've already waited 4 months, but this formal notice is required)
3. Get 2-3 estimates from licensed mold remediation companies
4. Hire cheapest reasonable estimate
5. Pay company, keep ALL receipts
6. Deduct from next month's rent, attach receipts with rent payment

If you follow this procedure correctly, he CANNOT legally evict you. Civil Code Section 1942 protects tenants using repair and deduct. If he tries to evict in retaliation, that's illegal under Civil Code Section 1942.5.

Also call LA County Public Health Environmental Health Division. They will inspect for free and issue violation notices to your landlord. Those notices create an official record and put pressure on the landlord.

Document everything with photos (with timestamps). Get your daughter's medical records showing the asthma worsening - that's evidence for a potential damages claim.

FYI, professional mold remediation typically costs $500-2,000 depending on extent. Under $2,800 so you're good for repair and deduct.

UPDATE: Sent certified letter on Dec 23. LA County Health inspected on Dec 24 (yes, they came out on Christmas Eve!). Inspector said it's "extensive mold growth" and issued violation notice to landlord.

Landlord called me 2 hours after getting the notice, suddenly ready to fix it. Remediation company coming Monday.

Lesson: get the health department involved immediately. That lit a fire under him.

Following this thread for the outcome. Black mold cases with medical evidence are some of the strongest habitability claims. The habitability penalty calculator shows you can likely claim 60-80% rent reduction for the 4 months, which would be $6,400-$8,533 in overpaid rent.

Plus any medical expenses, relocation costs if you had to temporarily move, and potentially emotional distress damages if your daughter's asthma worsened significantly. Document everything with medical records.