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We have a Tenant who has been in the house since October. She sent me a message in Feb stating that she believed there was mold in the house due to her health issues and an at home Lowes kit they used. I paid a significant amount of money to have the house tested for mold based on the picture of the kit, and her doctors opinion (her word on this) that her health problems could be related to mold. I got the results back and there is no elevated levels of mold in the house. She texted me today asking for the results and I texted her back immediately to tell her they were negative. Just recently, I found a post she made online 3 days prior to when she contacted me that they were planning on moving and needed a new rental between July-September. Our contract isn't up until October. I assume she made that post and thought that I wouldn't see it as it was in a private group but my friend stumbled upon it. I can't confirm/deny that she has health issues but the fact that they were planning on moving out BEFORE she ever contacted me about an issue it seems to be that they just want to move out early with no consequences. She is not communicative, I mean the least she could do is acknowledge that I texted her back with the results (My phone says she viewed the message hours ago). How would you handle this situation? Can they be held liable for the unnecessary mold testing? I didn't clarify anything before the testing if it ended up being negative because I thought they were trustworthy people, now I am sure they are not.
I would send a certified letter explaning the mold test results. I would also tell her if she is having medical issues and needs to move, she needs to provide a medical order from her MD. that order would need to explain what the house has to do with her medical condition. I would also remind her of what the lease says about early termination of the lease.
That way she will know you are on to her and warn her of consequences. Do not do any text messages or telephone calls. Keep it legal with a paper trail.
I would send them a letter that they are released from their lease immediately if they desire, may move at any time with some reasonable notice (to you). Hold them to your cleaning requirements but I suggest some leniency here as well. Then cross your fingers that they vamoose soon.
Don't ever get into an argument with a tenant about these mold health issues. You will be better off without her.
I had a tenant that told me straight-up a unit I managed had legionnaires disease... her Doctor told her to move and she wanted the owner to put her up and help her with relocation.
I went to the Doctor and asked for his findings so I could take them to the Health Department... Legionnaires is serious and the owner and management were prepared to act immediately.
The Doctor told me he said no such thing and he would report it to the Health Department if he thought otherwise...
Actually, I also had another case where a tenant said her pediatrician said they needed to move because her child has asthma.
I told her all the owners needed was a letter from the Doctor they could verify and they could move.
In both cases, it was all made up... and in both cases the tenants never thought they would be called on it...
I will do whatever I can to address real issues... I won't be played.
I agree, you are better off with them gone just as I was and in my cases... deposits were forfeited and nothing from any Doctor was every produced.
If she was potential moving in September then that would be in line with her move. Even with a summer move, it might be worthwhile for a renter to cover two places since units often get snatched up and there isn't much available in some areas going in to winter.
I would send them a letter that they are released from their lease immediately if they desire, may move at any time with some reasonable notice (to you). Hold them to your cleaning requirements but I suggest some leniency here as well. Then cross your fingers that they vamoose soon.
Don't ever get into an argument with a tenant about these mold health issues. You will be better off without her.
I tend to agree that it is best to just get rid of trouble makers. In fact, I don't do leases, just so I can quickly get rid of tenants who cause trouble.
However, I would never tell a tenant that they could move any time. I'd tell her she can give a 30 day notice today and if she is out with all the rent paid and the house clean before the end of the 30 days I would terminate the lease. I can't see any reason to make it convenient for cheats and liars. She wants to move, she had better scramble and get it done.
Make sure all the moving offer is in writing and that she signs it
I would send them a letter that they are released from their lease immediately if they desire, may move at any time with some reasonable notice (to you). Hold them to your cleaning requirements but I suggest some leniency here as well. Then cross your fingers that they vamoose soon.
Don't ever get into an argument with a tenant about these mold health issues. You will be better off without her.
The mold test ended up costing $525, which I think is a pretty significant amount of money to find out there is no mold. I did get the air handler cleaned and some spray foam put in where the inspector suggested, that was an additional $200 but needed to be done.
Our lease does not have a line about how much notice I have to give them, so in our state it is 60 days. I haven't talked to her at all about the mold except to say it was negative. I did end up consulting a company in town (I live 5,000 miles away now) about their management. He basically suggested the same as you guys offer them a way out. So I contacted her saying she could take the next 60 days to move out,no penalties, and that I'm hiring the firm. They are pretty reasonable and I moved to Hawaii to enjoy paradise, not be dealing with the house back there. She contacted me back saying that she would let me know in 10 days (the amount of time I asked her to get back to me if they are moving out) and then came back and asked if she could have 3 weeks. I said sure but the 60 days is the same. Then I got an endless amount of emails is their rent going to go up, questions about the management company, ect. Basically I felt like she was jerking me around. I typed up a letter, mailed it signature required that says you have 60 days to move out if you want to move out, otherwise you are in the contract until the end date, at such time you much vacate the property or resign with the management company. I have only heard back from her asking about planting flowers so honest I have no idea what the deal is.
I feel like it's impossible to get a straight answer, and I still don't know if this mold thing was legit or a ploy. Can I write off the mold testing on my taxes? I think that would at least be a lining on the situation.
I feel like it's impossible to get a straight answer, and I still don't know if this mold thing was legit or a ploy. Can I write off the mold testing on my taxes? I think that would at least be a lining on the situation.
Of course.
Any expense incurred in maintanance, repairs, improvements, professional fees,etc, can be deducted.
She was most likely trying to play you. Especially if she is now asking about planting flowers. You might be well served to remind her that any improvements done to the house become a part of the house. You never know if she's willing to rip out all of the flowers and take them. Silly, but stranger things have happened.
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