Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @20:11

These tenants are delinquent and abused the mold issue to violate the lease agreement and moved out without providing any notice to the landlord.

Yes they did, even the tenants attorney send the landlord a letter stating such!
The tenants moved out because removing mold and mildew is hazzardous, but more than enough notice was given. The landlord said it was several weeks latter when they moved.

The landlord, reguardless of the tenants motive should have remedied the mold and mildew problem at the onset. Not waiting weeks trying to get tenants permission. No judge will believe the landlord could not enter any time during the three week period. The landlord also had the legal remedy of terminating the lease because the landlord could not enter.
What you have is an uneducated landlord who blames the tenant instead of taking command of his/her property and following the law. The tenant reported mold and mildew. The landlord failed to use all legal means to gain accesss. When landlord did, he blamed tenant right off without any proof the tenant was at fault. Again, the AC and fans could have been turned off the day that the inspection occured. They could have been running every day before, the landlord has no proof. Would you run an AC if you knew there was mold and that the AC could spread the mold spores?
Any landlord in Florida should know that when a tenant reports a mold problem, the landlord should do everything to eliminate the mold. It's the landlords property thats at stake. Saying 'Oh, it's the tenants fault will do nothing for you in court! Which is the last place any landlord should be.

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Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @22:00	[ Reply ]

When anonymous learns to read a lease agreement and the state housing law, then post a valid comment. The common mold was non-hazardous and you, anonymous, are an undereducated tenant. The law requires written notice of termination which the tenant did not provide. The reason the tenant did not provide notice of termination was because the tenant, like you anonymous, was attempting to circumvent the law. Had the landlord accessed the premises at the times the tenants claimed to be unavailable, the tenants would have claim theft and unlawful entry. Had the landlord removed the mold the tenants would have claimed the removal was untimely and claimed to be ill from the common mold.

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @23:40	[ Reply ]

Does not matter if the mold was non-hazardous. There was mold and mildew found by the landlords remedial company. The law requires written notice of termination which the tenant did not provide. Again, the tenants attorney sent the written notice!!!! It seems the tenant is the only one following the law as the landlord hasn't a clue what he needs to do. The landlord failed to enter in a timely fashion, all he did for three weeks is try to set up some time with the tenant. The landlord had legal remedies to enter such as eviction or issuing a notice to cure. You have no idea what the tenants would claim??? Such nonsense, saying you know the tenants motives. You can just picture the judge asking the landlord why its the tenants fault...the landlord says because they never ran the AC or the ceiling fans...the judge says..landlord, how do you know? by your own accord, you could not enter the rental, so how do you know if the AC and fans were not running beforehand? The landlord received proper notice under Florida law and the landlord failed to repair within that time limit set by law. The tenant exercised their right to move and did so. And yes, proper notice was given by the tenants attorney!!!! Guess the attorney is uneducated also? The best thing is to have both attorneys work out a settlement. The landlords action will only result in unnessasary expense and time if he does not do so. And once again, the tenants did give proper notice through their attorney which the landlord stated he received!!!!!

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 10, 2012 @08:05	[ Reply ]

Think anonymous must be the non-compliant tenant unable to read and understand the requirement or difference between a written notice to vacate versus a written notice to cure. The tenants moved within three days of their attorney's written notice to the landlord. The tenants were not in compliance with their own attorney's notice to cure. The non-hazardous mold due to the tenants negligence is cured -- the non-hazardous mold condition could not have been too damaging. The landlord has a new tenant and continues to operate the premises without rent interruption.

Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent - Landlord Forum thread 260266