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California is the first state to enact toxic mold legislation. California’s Toxic Mold Protection Act of 2001 (TMPA), codified at Cal. Health & Safety Code § 26100- 26156 and Cal. Civ.Code § 1102.6 (real property disclosure provision), went into effect Jan. 1, 2002.

The goal of the TMPA is to develop permissible exposure limits  for toxic molds, if feasible, and to set standards for the remediation of toxic mold. To achieve this, a taskforce comprised of all stakeholders will be created.

Section 26147 of TMPA requires residential landlords with knowledge or notice of mold in the building to provide written disclosure to both prospective and current tenants of unaffected units of the presence of mold. Pursuant to Section 26143, commercial and industrial landlords with knowledge of or notice of the presence of mold in the building have an affirmative duty, within a reasonable period of time, to remediate it.

The law requires any person who sells or transfers real property to likewise disclose the presence of mold to prospective purchasers. Landlords and sellers are not required to conduct testing to ascertain whether the PELs have been met. However, there is an exemption on the disclosure requirement once remediation pursuant to the guidelines promulgated by the California Department of Health Services under Section 26130 is achieved.

How do I get rid of mold? It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust.  The mold spores will not grow if moisture is not present.  Indoor mold growth can and should be prevented or controlled by controlling moisture indoors.  If there is mold growth in your home, you must clean up the mold and fix the water problem.  If you clean up the mold, but don't fix the water problem, then, most likely, the mold problem will come back.

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