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Tenant and Claim for Black Mold - Landlord Forum thread 334157

Tenant and Claim for Black Mold by John the Landlord (Tennessee) on April 26, 2015 @15:49

                              
Currently in a one-year lease of a single-family household located in Warren County, TN. My tenant has been living at the house for over one-half years and has never paid rent late since the beginning of the leasehold.

However, my tenant has sent a certified letter today stating the basement has flooded due to recent rains and demands immediate mold mitigation. Now, I did have mold problems requiring the drywall to be removed years prior. Tenant demands remediation within thirty days or he'll constructively breach the lease in law or equity, ask for TCPA damages, and related attorney fees'. Now, I know from maintenance I need to install a french drain to fix the problem.

1. Should I allow for the early termination of the lease? He stated in the letter the conditions will be reported to the County Building & Planning department.

2. Could I be held liable for potential mold exposure and rent mitigation damages?

3. What should I do?
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Re: Tenant and Claim for Black Mold by Garry (Iowa) on April 26, 2015 @16:23 [ Reply ]
Yes, you can be held liable for health problems related to mold. The best and easiest thing you should do now, is to allow them out of their lease asap, and tell them you will return their FULL deposit to them once they are out. Ask if they can be out by May 1, so they are not exposed to any more mold problems. Even tell them that they don't have to clean up the place. Just take what they want, and have them sign a letter stating anything left as of the date of move out, you can dispose of at your cost. They sound like they mean business about suing you for mold problems, and no matter what you do to fix the problems, it won't be good enough for them. Once they are gone, fix all your problems, no matter what it takes, before you rent it out again.
Re: Tenant and Claim for Black Mold by anon on April 26, 2015 @17:21 [ Reply ]
You should promptly fix the problem. Since you knew of it beforehand it should already have been fixed.
First, go inspect.

Re: Tenant and Claim for Black Mold by Joel on April 26, 2015 @21:49 [ Reply ]
I would tell them they need to leave (Terminate tenancy ) because I do not want to take chances with their health, while I remove the mildew situation which is probably what it really is.

2 words a Landlord DOES NOT want to hear:
MOLD REMEDIATION.
Re: Tenant and Claim for Black Mold by Mike on April 26, 2015 @23:16 [ Reply ]
First go see the flooded basement and at least start removing any water. Then arrange for a contractor to dry the place out and remove and replace any drywall if needed.
Most likely it is mildew and not mold.
The tenant just wants you to get up off your tail and get going on this and probably does not want to terminate the lease. He's given you thirty days, that should be more than enough time to complete the job. No need to panic over something that might never occur. You know it was a potential problem that should have been solved beforehand, so get it done right this time.

As it stands now, your in violation of several State Codes which could be very expensive for you if you fail to act.;

Title 66, Chapter 28 § 66-28-304. Maintenance by landlord

§ 1200-1-2-.05 GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF DWELLING UNITS Tenn. Comp. R. & Regs. R. 1200-1-2-.05
Re: Tenant and Claim for Black Mold by Lighthope on April 26, 2015 @23:22 [ Reply ]
There's something funny going on here with the Tenant. He's throwing around an awful lot of stuff all of a sudden when before he seemed to be a good tenant.

Okay, enough unsubstantiated conjecture from me...

> Should I allow for the early termination of the lease?

That would be an interesting tactic. I'd like to see the Tenant argue for damages when you were letting him out of the lease.

> Could I be held liable for potential mold exposure and
> rent mitigation damages?

I don't think so. Burden is on the Tenant to prove there is mold there. On the other hand, Courts do give out some wacky rulings.

> What should I do?

Since you were considering letting the Tenant out of the lease, do it. Call his bluff. Say that you understand his concerns and are willing to let him out of the lease effective immediately. (Mention NOTHING about returning security deposits at this time.) Also state that you are sending someone over to repair the drain and check the property for other water damage. Finally, state that if the Tenant wishes to continue living there, he accepts the condition of the property as it is and waives all claims from mold damage. If he does not accept that condition, he will consider it the Tenant's notice to move out within 30 days.

If the Tenant stays, he loses any chance of getting a Court to believe him about damages since he exposed himself.

If the Tenant moves, he has no damages unless he wants to try and pin a sudden health problem (not a chance of getting a Court to believe that).

Also, go in and fix the drain and air out the place as soon as you can.

Pearls of Wisdom - Don't be afraid, I'm right behind you...using you as a shield
Re: Tenant and Claim for Black Mold by MrDan (Georgia) on April 27, 2015 @14:09 [ Reply ]
3) What should I do?



You need to respond in a reasonable time after the tenant notifies you. Since this is a re-occurrence of a previous problem you failed to repair properly, you need to respond ASAP!

2) Could I be held liable for potential mold exposure and rent mitigation damages?



Landlords have potential and substantial legal liability to tenants for such items as: mold damage to tenants' health, medical bills for medical mold diagnostic and treatment procedures, loss of earnings because of mold problems, mold damage to tenants' clothing and personal possessions, moving expenses, higher rent differential if the tenants need to move to a mold-safe place, and for any tenant-paid expenses for mold inspection, testing, and remediation of the rental unit.

1) Should I allow for the early termination of the lease?



The landlord cannot terminate the lease because of a problem the landlord has caused or failed to repair that affects the habitability of the rental. The tenant has the right to terminate the lease due to the landlords failure to correct a habitability problem. (landlords breach of the lease)

You need to confirm if indeed mold

exist or its mildew

and respond accordingly. You should correct the drainage to prevent any future flooding. You are required by law to maintain the rental in a habitable condition. Every lease warrants that the rental is in a habitable condition. The implied warranty of habitability cannot be waived and any lease provisions inconsistent with the right to live in a habitable premise can be voided by a court. So renting an apartment 'as is'

may violate the implied warranty of habitability.

So check it out, make repairs as required to remedy the problem. It might not be as bad as you think. If you fail to respond and correct the problem, under the Tennessee Consumer Protection Act (TCPA) the court can award triple damages.
Re: Did this tenant give you any clues prior? by CCRider (CA) on April 28, 2015 @00:28 [ Reply ]
Has this tenant contacted you about the flooding problem or is this the first you heard of it?

If it's the first you've heard of it, I'd take the offense.

Dear Tenant:

As you failed to make me aware of any flooding happening in the property, you have breached your lease by allowing a damaging situation to continue without notifying me and allowing me to address the problem immediately.

I will expect your full cooperation with regard to allowing any maintenance workers access to the unit to assess the damage and to do repairs.

Be aware, that if you decide to sue me for a situation that you did not make me aware of, and did not give me notice to repair, which has possibly resulted in more expensive repairs than would have been required had this problem been addressed immediately, I will be countersuing you for the cost of any accelerated damaged due to you negiligence in notifying me of this issue.

I will be inspecting the situation on _____________,(date) at _______(time). You are not required to be home.

Most Sincerely,

You


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