Do these tenants have a real case?

[DownEastB]

Update: The tenants are ignoring the official test and sticking to their claims and demands (they want August rent + deposit refunded). They claim they vacated a while ago because the property is "unlivable" but they still have stuff in the unit according to the leasing agent. Also, they have not paid September rent yet and probably aren't going to. I found a clause in their lease that waives a trial by jury for tenant and landlord. Hopefully this is enforceable IF they try to take us to court. This is so frustrating. The tenants are so insanely off base here (not to mention in violation of their lease) and yet the leasing agency is giving them the kid glove treatment, probably because they feel it's not worth the bother to collect one month's rent. I just want this to be OVER! Sigh. Thanks for reading my rant.

[ShaneSA]

Have the leasing agent to begin eviction proceedures for non-payment of rent. Do it immediatly!!! No rent payment is grounds for eviction. Then you can start to threaten thier credit...if they have any. They have no credibility.
This whole thing sounds like a scam to get out of the lease and make some money off it.

[bentlebee]

Some people gave you great advise!

I would like to add that just this week a similar case was on Judge Jeanine Pirro and maybe you can even google that episode. The owners were suid for $ 5,000.- since it is small claims court.

The owners won the case! They had a inspector come out to test the house and the official test came back similar to yours. The tenants had medical bills and claimed it was all due to the mold and the house made them sick.

In your case: Perhaps they have a matrass with bed bugs or other bacteria that makes them sick. If your test came back the way it did, you have nothing to worry, and IMO you don't need to make all legal costs. As long as you have the official report and I would go and do an inspection at the home and video tape everything and make pictures of it. In my State it is allowed, I did it once when I didn't trust my tenants and I was right, they vanished shortly after. They started claiming I didn't had ask them to give consent to be taped (I had a tape recorder on as well in case the video sound wouldn't be good enough)...They clearly stated they gave consent but even without it you have the right to tape your own home from the inside and you need proof also to protect your self so they can't claim you took anything. You need another person to go in with you so one will point out everything and the other is taping. If they don't give consent to be taped you have to leave their image out but you can tape you property from the inside. I would clearly look how clean it is, which is their responsibility and look what state their furniture is in and see if they smoke inside the home...

I hope you also have pictures of the inside before they moved in so it will show how clean it was before they moved in...if so you should be fine!

[Poltracker]

Yep, time to tell them to pound sand and start eviction procedures. Evicition should have started 5 days after they refused to pay rent. Follow all the advice above about getting pictures (especially of their belongings still in the house), keep a record of all conversations and actions and move on with your life. If they actually sue you instead of threatening, then you have the upper hand with all the documents and tests.

[DownEastB]

Thanks again for the advice, everyone. The leasing agent just sent them a reminder letter that their rent is past due along with a statement of all activities on their account. He also pointed out that the tenants have not officially vacated the premises as they claimed they did. The condo was on the market prior to being rented. Yesterday the selling agent met with the leasing agent and confirmed that the condo was in pristine shape at the start of the lease.

I agree, they can go pound sand. Let 'em send all the little nastygrams they want, they're not getting their way in this. Hopefully they'll learn not to attempt lame stunts like this in the future. Hopefully.