Re: Tenant and Claim for Black Mold - Landlord Forum thread 334187

Re: Tenant and Claim for Black Mold by Lighthope on April 26, 2015 @23:22

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

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Re: Tenant and Claim for Black Mold by jannie (IL) on April 28, 2015 @16:53	[ Reply ]

I agree with Lighthope.. I think there's something else going on - I think the Tenant wants out of the lease. From my own experience of heavy rains that caused water in the basement this was an easy thing to clean up and mold wasn't an issue. It sounds more like they want out of the lease.

Re: Tenant and Claim for Black Mold by Anonymous on April 28, 2015 @19:01	[ Reply ]

if the tenant wanted out of the lease, why did he want repairs done in 30 days?

Re: Tenant and Claim for Black Mold by Anonymous on April 29, 2015 @08:55	[ Reply ]

none of this is correct?