Calif. Court Finds Lease Clauses Don't Protect Landlord Accused of Neglecting Mold

SANTA BARBARA, Calif. - A lease clause giving blanket immunity to a landlord does not preclude liability for the landlord's active negligence in failing to prevent mold contamination, a California appellate court held recently. Burnett v. Chimney Sweep, et al., No. B167190 (Calif. 2nd App. Dist.).

California's Second Appellate District overturned a lower court order granting judgment on the pleadings for Chimney Sweep LLC, the property owner, and property manager Courtland-Dane Management Group Inc., who are defending personal injury and property damage claims brought by tenants George and Marie Burnett.

The Burnetts leased commercial space in Solvang, Calif., from Chimney …