Re: Help - tenant wants to sue over mold!? - Landlord Forum thread 137822

Re: Help - tenant wants to sue over mold!? by OHlandlord on March 4, 2007 @16:17

I hear this monthly. "I have to move from my current apt, because my kids are sick from the black mold in my unit!" (If I had a dollar for every time I hear this story from an applicant...) Let me guess, she's late on her rent and probably owes you for back rent; you just asked her for the money, am I right?
Not all mold is dangerous, only toxic black mold. (If all mold was dangerous we wouldn't have penicillin or blue cheese.) Call the health dept. and ask them to check. If it is black mold, they will tell the tenant she cannot re-enter the dwelling. They will instruct you to have the premises fixed. If not, the TENANT (not you) should clean it up with a bleach and water solution. There was no mold before she moved in, right? (There's no need to replace rafters! At worst, you may have to cut out a piece of drywall.) I believe you can also get a mold test kit from a big box store like Lowe's (but I don't know how accurate they are, and it doesn't have the authority of a report from the health dept.)
Did she say where the mold was? If it is in a bath it usually means the tenant has poor cleaning habits and is not using the vent fan when bathing. If so, it is her fault. Insist she clean it up. OH law says: "§ 5321.05. Obligations of tenant.
(A) A tenant who is a party to a rental agreement shall do all of the following:
(1) Keep that part of the premises that he occupies and uses safe and sanitary; ...
(3) Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits;"

If it is elsewhere, it can be caused by too much humidity in the unit. Did you put in a new gas furnace? Does it or the tenant have a humidifier running? Is the place especialy air tight? Are all the storm windows down tightly? Is there no air circulation around where she says the mold is? (Too many boxes piled up?) Is there (and is she using) a vent fan in the kitchen?
The tenant is bluffing. If she was really concerned about black mold she would allow you in to check and repair. Give her a 24 hour notice to enter form (you can leave it on her front door). Then go back the next day and go in and check out the situation. If she refuses you entry, document it (and let her know that you are documenting her refusal to enter). Then try it again with a time that she agrees to (or another time if she won't give you one). Document again if she won't let you in. That way, if it does turn out to be something dangerous, you can prove that you attempted to detect & correct the situation, but she wouldn't let you. It will be hard to collect anything from a lawsuit against you, if you can prove that she wouldn't let you correct the problem.
If you have no proof of dangerous mold, proceed with the eviction. Since I hear this story every month from applicants, I always call the health dept. and ask if the story is true. Only once in 15 yrs., has the applicant actually had to leave their last place for black mold. Although Ohio can be very damp, black mold is not common.

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Re: Help - tenant wants to sue over mold!? by Me on March 4, 2007 @17:01	[ Reply ]

If I had a dollar for every time I hear this story from a tenant... My thoughts EXACTLY!

Re: Help - tenant wants to sue over mold!? by Joe Upton (Ohio) on September 25, 2012 @08:47	[ Reply ]

I did some remodeling in Cincinnati in the upscale area of Mt. Adams I found that the entire building was full of Black Mold and that the walls were falling off the studs the Northern inside walls were spongy to the touch and were only held up by the paint I informed the Landlord and told them that they should have it repaired they said they couldn't afford to have it fixed they were only getting $2400.00 a month for rent I told them that the young woman and her husband said they were trying to have a baby the husband told me that his wife had 2 miscarages when I told the landlord what I had found out about the couple loosing 2 children since they had been living there the landlord told me if I told anybody about the mold or if I told the couple they would sue me for slander after they told me that I refused to do anymore work on the property they refuse to pay forthe work done so now I am sueing them in Hamilton County Court I am thinking about informing the tennants about the Black Mold what do you think I should do.

Re: Help - tenant wants to sue over mold!? by Victims of toxic mold illness (Wa) on July 31, 2016 @07:02	[ Reply ]

If you spray mold/ toxic mold with bleach and chemicals the dead mold/toxic mold spores spread all over the room. Its ridiculous how much this problem is growing and doctors can't even tell you what's wrong with you because there's so many different symptoms.Sadly it's always the victim who solves the problem not the doctor. And it's the law for a landlord to make property livable when renting it out. Otherwise you're going to get sued

Re: Help - tenant wants to sue over mold!? by Anonymous on November 5, 2016 @14:45	[ Reply ]

You're stupid because it is your property the tenant can move but you will still have mold issues and eventually on top of a lawsuit your property will finish going to hell so you aren't hurting anyone besides yourself dummy.

Re: Help - tenant wants to sue over mold!? by BrandonA (AL) on December 23, 2016 @10:46	[ Reply ]

Remnind me to never rent anything from your cheap inconsiderate ass ever. You are disgusting.

Re: Help - tenant wants to sue over mold!? by Brian (Oregon) on August 31, 2017 @13:42	[ Reply ]

"Not all mold is dangerous, only toxic black mold. (If all mold was dangerous we wouldn't have penicillin or blue cheese.)" This commenter doesn't seem to understand basic science at all. The comment supposes that the only molds are "black mold," and Penicillium which is completely ridiculous. There are many molds which give off mycotoxins harmful to humans. "Black mold" or Stachybotrys chartarum, is just the most infamous. Most people can detox these mycotoxins if they do not take in too many, but if they live with mold it can overwhelm them and damage health. Approximately 25% of people have a genetic inability (depending on their arrangement of Human Leukocyte Antigen) to recognize mold toxins as contaminants, and so mold exposure is especially harmful for them. I personally know of many people (since I participate in online health discussion groups) whose health was damaged/destroyed by indoor mold. In most states, laws require landlords to keep rental units free of "filth" and dictionaries define mold as a type of filth.

Re: Help - tenant wants to sue over mold!? by Rick (ks) on October 11, 2017 @02:32	[ Reply ]

this douche is totally wrong, you cant just clean up mould with bleach, it has to be a perfect mix otherwise it dont do a thing, dont listen to this terd. And yes!! if there is mould and not mildew tenant can sue the shit out of you!!

Re: Help - tenant wants to sue over mold!? by Anonymous on October 11, 2017 @02:34	[ Reply ]

this douche is totally wrong, you cant just clean up mould with bleach, it has to be a perfect mix otherwise it dont do a thing, dont listen to this terd. And yes!! if there is mould and not mildew tenant can sue the *** out of you!!