CA: Tenant Find Mold and moved out requesting - Landlord Forum thread 362724

CA: Tenant Find Mold and moved out requesting by Adale on February 16, 2024 @01:10

Hi,

I am in California. My tenant reported mold issue on beginning of this month. While I was in process of the checking root cause, she asked to break the lease and move out. I agreed. They moved out in the middle of the month ( Feb 15 ), without 30 days notice. And I kind of agreed. Tenant canceled the rent payment for this month. Now tenants are asking compensation of $3000 for the loss due to have to throw away beds /furniture because of molds on them. Tenants said those furnitures are hardly used for 1 year. They also want full security deposit back and also do not want to pay the 15 days rent for February. From the photos tenants took, the mold was bad. We originally thought it was due to roof leaking. HOA sent plumber to check, come to conclusion that it was due to the leaking from our old water heater which located out side the apartment and the furnace next to it sucking moisture in through furnace and pushing it through the vent. And it is my job to fix the water heater.

Question, for this situation, can I deduct the 15 days rent for February from Security Deposit? For loss of the furniture tenants claims $3000, shall I ask for invoice and negotiate the price, because initially she only said kids bed frames and night stands need to throw away. If I pay the loss, what document should I ask her to sign?

Also, in lease agreement, it is tenant's responsibility to report the issue immediately. When she claim mold issue and that vent doesn't work, or heater doesn't work, I started to work on fixing as soon as I heard the complain. The tenants didn't give me enough time to fix the issue before determined to move out. Is anything I can argue from this point of view?

Thank you in advance for any input!

[ Reply ] [ Return to forum ]

Re: CA: Tenant Find Mold and moved out requesting by Garry on February 16, 2024 @16:03	[ Reply ]

The tenants asked to be let out of their lease early. You agreed. Regardless of when that conversation took place, they didn't actually leave until Feb 15. So, YES, you can charge them for 2 weeks of Feb. rent against their deposit. About the mold on the furniture----- Yes, you are probably responsible for replacing their furniture. BUT, they will have to have pictures of mold on anything they claim had mold on it. Then they will have to show receipts of the cost of that furniture, and then probably the costs and receipts of the new furniture they bought to replace it. If the furniture is only 1 year old, they will need to go back to where they bought it 1 year ago, and buy that same furniture to replace the old. Don't let them get by with "upgrading" their furniture from a different store, and expecting you to pay for their "nicer" furniture.

Re: CA: Tenant Find Mold and moved out requesting