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Mold, Security Deposit, and Last Months Rent
by Dave (Florida)
on July 8, 2012 @20:37
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I had tenants who rented a rental home from me for two 1 year lease terms. After these tenants (husband and wife) were staying there for about 18 months, they made a complaint to me about mold inside the property. They sent this complaint via email with pictures.
After receiving this complaint I promplty employed a mold inspection company to inspect the property to find out all of the specifics of this mold infestation, and what exactly would be the best course of action to remedy this mold situation. I contacted these tenants as to schedule a time for this mold inspection company to inspect this property, and the tenants kept pushing off, or delaying for weeks as to when the inspectors could examine the inside of the property. The tenants reponses were, "We are going to be out of town. We don't want anybody inside the property unless we are present.", "We are having company over, and this week is not a good week for inspectors to be inside.", and "We don't want any work or inspections done while we are living here.". Finally, after going back and forth with the tenants for 3 weeks, we finally came to an agreement as to a time, and date when the property could be inspected, and examined.
However, after receiving this first complaint about mold, the tenants started sending me nasty emails about how I left the property in terribly horrible condition when they moved in 18 months ago, and how there was mold everywhere when they moved in but they just didn't see it, or were not aware it was mold. In this emails the tenants kept asserting that I just need to let them move out, break the lease, return their security deposit, and last month's rent, and that this is my problem to deal with, and not their's since it is my property.
Over 18 months ago before these tenants signed the lease agreement, and moved in them, and I did a thorough walk-through inpection of the premises. Neither of us (the tenants, and I) found any mold problems, water leaks, or anything problematic. The tenants signed off on an inspection report property checklist stating that the property was in clean, sanitary, safe, tenantable, and good-working order condition. Plus I have pictures of the property prior to them moving in proving it's condition. I owned the property for 5 years before renting it out to them, and never had any mold problems.
The results of the inspection, and exmination of the property concluded that there was mild mold, and mildew infestation on the walls inside the property. The type of mold found was a non-toxic form of mold. The inspectors also made a point that it was very hot and humid inside the property, the A/C, and overhead ceiling fans were not running, the temperature inside the property was at 86 degrees, and also that there was a strong lack of ventilation inside the property. No water leaks, or plumbing leaks were found in the property. The inspectors also cut a few small holes in the walls where the mold was present to see if the plaster or drywall was soaked and/or infested with mold on the inside of the walls, and found that the mold was just minor surface mold, and did not yet penetrate the plaster or drywall. The conclusion from this inspection stated that the cause of this mold was from continued humid and hot conditions with little to no ventilation inside the property.
I then stated this matter to the tenant, and informed the tenants that I would personally clean the mold with bleach, and water. The tenants then responded back to me, "Oh, don't you dare try to blame this on me.", "I told you before, we don't want to live here while any work is going on. You need to let us out of the lease, and give us our security deposit, and last month's rent back. I'm sure you won't have any problems finding new tenants, it's a nice school district here." Given the circumstances that the mold infestation was deemed to be minor, and directly attributed to the tenants, or caused by the tenants I did not see it as a valid reason to break the lease, let them move out, and give them their money back. As per the written lease agreement the tenants had a duty to keep the premises clean, sanitary, and properly ventilated, and they failed to do so which resulted in this mold and mildew growth.
The tenants then began disagreeing with my method of remedying this mold situation, and stated that all of the walls, ceilings, plaster, and drywall boards inside the property need to be removed, and replaced to property remedy this issue. I then again explained the findings from the inspectors indicating that 'remediation' was not necessary since the mold did not penetrate the plaster, and drywall, and that it was minor surface mold which can easily be cleaned and/or removed with bleach, and water. I then made arrangements to personally inspect the property to get more of an accurate assessment of the situation, and found the situation to be not as bad as the tenants claimed, and also some of the pictures the tenants sent me initially were not consistent with what I saw first-hand in person inside the property.
The tenants then starting sending me threatening emails, that they were going to sue me, and make me pay for their doctor bills if I don't let them break the lease, move out, and give them back their security deposit, and last month's rent. They also continued on about how they absolutely do not want any work to be done while they are staying there. The tenants and I went back and forth on this matter for a few weeks. Then the tenants hired an attorney to send me a demand letter that I have 10 days to cure the mold situation, or they will move out, and file suit against me in the local district court. I then responded to the letter with my prescribed method of remedying this situation, and they actually let me in the property to begin the work. Then 3 days past, and the tenants moved out over a weekend without telling or notifying me beforehand. They moved out on a Saturday, and Sunday, and then notified me after the fact the following Tuesday. This was a total contradiction from the attorney's letter since I began the work and 10 days had not yet elapsed.
Anyways, the attorney then sent me another demand letter that I need to give them their security deposit, last month's rent, and 1/2 months rent back or they will file suit against me. Since they moved out, and most likely were not going to move back in I then did a thorugh inspection of the premises, and prepared an itemized security deposit deduction list, this of course after I completed the work needed done inside the property directly attributed to the tenants outside of normal wear and tear. I deducted the costs from the mold inspection, and mold cleanup, and other appropriate items from the security deposit. I then sent this itemized list to their attorney along with whatever was left from the security deposit via check. I made sure to keep all receipts, and document everything accordingly. However, I did not return their last months rent, and the 1/2 months rent as they broke the lease, moved out prematurely, and the mold situation was caused by them.
The tenants strongly disagreed with my deductions from the itemized list, and had their attorney fire back another demand letter demanding the last month's rent, 1/2 months rent, and that they refute everything deducted from the security deposit. I responded back that everything deducted from the security deposit was directly attributed to them, and that it was them who broke the terms of lease agreement by not keeping the premises mold and mildew free, and moving out prematurely before the lease term ended. I also stated that the tenants are lucky that I don't civilly come after them for the remaining months rent on the lease.
Three months have now elapsed and their attorney has sent me 4 additional demand letters demanding that I return their security deposit in full, the last month's rent, and an addiontal 1/2 month's rent or they will file suit against me.
If the tenants and their attorney have such an 'Iron-Clad' case against me why haven't they filed suit against me yet?
The bottom line is that the mold situation was caused by them, they kept refusing to allow me to remedy the situation, attempted to deny the inspectors access to the inside of the property for 3 weeks, they moved out without informing me beforehand, and plus since I made reasonable efforts to respond, and remedy the situation (even though they just wanted to move and not let any work be done) it does not constitute the lease agreement to be terminated.
What do you think?
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Re: Mold, Security Deposit, and Last Months Rent
by Martin (FL)
on July 8, 2012 @21:24
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If they do file suit, it will most likely to go small-claims court. The initial phase of small-claims court is mediation. This is where a mediator will try to facilitate a negotiation or settlement between the tenants, and you. If no negotiations/agreements/settlements can be met between the two of you then it will be proceed to a court hearing with a judge. This is usually how it's set up with most of these county courts in FL.
If they do sue you, I would file a counter-claim against them for the remaining months rent, and any other applicable damages. You could also file a motion for dismissal. At least they can't get you for the Security Deposit or your failure to send them an itemized list of deductions for your claim on the security deposit. I hope you sent them the itemized list, and the remainder of the security deposit after deductions within 30 days. Some states have that double or even triple damages clause for this failure or you just legally lose your right to withhold any monies or claims on the security deposit.
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Re: Mold, Security Deposit, and Last Months Rent
by Jared (MI)
on July 8, 2012 @21:55
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I'm no attorney and this is not a legal forum but you as a landlord have a duty to keep the rental property safe sanitary habitable and tenantable. My guess is that these tenants and their sleezy attorney are trying to bake a cake that you continually failed meet this duty. So they may feel that they had a right to move out break the lease or whatever and are entitled to these monies they are demanding back.
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Re: Mold, Security Deposit, and Last Months Rent
by Jake
on July 8, 2012 @22:02
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"If the tenants and their attorney have such an 'Iron-Clad' case against me why haven't they filed suit against me yet?"
You have hit the nail on the head. What you are experiencing is an old tenant trick. Whenever they want to break the lease they start whining about mold. What you should have told them directly and in the beginning was that you are not allowing them to break the lease and then outline what the cost would be of breaking the lease. Did the tenants ever surrender the key? Did they move out all their belongings and shut off the utilities?
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Re: Mold, Security Deposit, and Last Months Rent
by NY-LL
on July 9, 2012 @08:30
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The landlord should treat the circumstances as a normal unauthorized early lease termination and lease violation. When the landlord first confirmed that the tenants’ mold complaints were not legitimate, the landlord should have issued a notice of violation to the tenants to address the cause of the mold issue and the tenants’ financial responsibility to remedy their neglect of the property. The landlord should initiate legal action against the tenants for the months or weeks of unpaid rent, if not already deducted from the security deposit. (Ignore the law school dropout attorney hired by the tenants. Most attorneys will send written notices and letters when requested to do so by their clients.)
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Re: Mold, Security Deposit, and Last Months Rent
by Eloise
on July 9, 2012 @08:52
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What do I think?
y first thought it "omg I am glad these are not my tenants!", second "lawyers are sleezy" and third: stick to your ground. You have proof THEY are in the wrong.
Anyone can hire a lawyer, anyone can sue anyone for anything.
What are they doing? Just plain old trying to bully you, that's all. Don't you worry about a thing.
Counter sue them if this goes to court! Best of luck to you!
Maybe for the next tenant's lease, can you add a stipulation about the a/c or ventilation? This is FLORIDA, everyone with any common sense would know to keep the areas ventilated! But, you know, some people need it spelled out :)
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Re: Mold, Security Deposit, and Last Months Rent
by MrDan (Georgia)
on July 9, 2012 @10:23
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The tenants lawyer has sent you proper notification by the '10 day repair request' Under Flordia law this is really a 7 day repair request where if the landlord fails to repair or remedy within 7 days, the tenants can cancel the lease, withhold rent, or move out. (which they did).
Forget trying to prove that the tenants caused the mold and mildew problem, and concentrate on getting the repairs made. You have taken way too long to respond even if tenants denied you entry. You had time to take legal action to enter. Did you issue a cure notice for entry? 3-4 weeks is way too long under the law.
FS 83.60(1) …The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent…
You do not want to go to court, this will not turn out the way you think. Have your attorney work this out for you.
You have no way to prove that the tenants failed to run the AC or ceiling fans at any time during the 18 months, and by running them, that would prevent the mold/mildew.
Florida law requires that the landlord maintain the rental in reguard to all applicable laws at all times.
As soon as the tenants attorney sent you the letter, you should have turned this over to your attorney.
Did you have a 'Mold Addendum' with the tenants that explained that the AC and fans should be ran to prevent mold/mildew?
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