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Old 05-20-2012, 10:58 PM
 
3 posts, read 4,030 times
Reputation: 10

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My tenant live at the house for 2 years, actually he was the owner of the house next door and his father was my house's previous owner. Both of them lost their houses to the bank. After I bought my house I did a full remodeling, including change carpet, paint all inside, change showertub and showertub surrounding wall. In the past 2 years, the tenant pay the rent on time. Never complain anything of the house. But this month I received his phone call saying he is moving out from the house because the house has mold and his kids have asthma. And he said he needs to use the deposit as last month rent. If I dont allow him to do so, he will sue me due to his kid get sick because of the mold.

My concern is: during the time he lives inside the house, he never told me the house has mold, otherwise I will fix it right away. Plus his father used to own the house and he lived next door, they know the house's history better than me, if the house has mold, they suppose to know it already. If they really go to sue me, will they win?
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Old 05-20-2012, 11:15 PM
 
28,107 posts, read 63,401,599 times
Reputation: 23222
A public forum is not the venue for legal advice...

The mold could be a real issue or a ploy...

Testing is the only way I know to verify the existence of toxic mold.

I had a tenant a few years ago that said she was moving due to mold and her Pediatrician told her to move...

I told her this is potentially serious and scheduled a mold test... she repeatedly refused entry saying I can do that after the unit is vacant...

I know her pediatrician so I contacted him to let him know my tenant was breaking her lease on his advice and if this was true, I will do everything I can to expedite...

Never heard anything from the Doc regarding my tenant... didn't really expect to with HIPPA... about 3 days later I got the most angry Voice Mail I have ever recieved in my life... my tenant was swearing and cussing up a storm.

The short answer is the entire situation was a ploy to break the lease... the test didn't find any toxic mold and the only mold was on the grout line between the tub and tile...

Life is too short to deal with dishonest people... I say let them ago and be thankful they are gone...

The reality is you could start the eviction process and that will take much longer than 30 days and I'm sure your tenant knows this.
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Old 05-20-2012, 11:29 PM
 
3 posts, read 4,030 times
Reputation: 10
Thank you for your reply.
They live there for 2 years, even they tell me they just want to move, I wont say anything to them. But now I know what kind of people they are, I am just more than happy if they really move out.
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Old 05-20-2012, 11:37 PM
 
Location: MM 7.5
79 posts, read 110,576 times
Reputation: 162
This is why, as a landlord, its in your best interest to do scheduled semi annual inspections. I have that specifically written into the rental agreement. Anyone that would object to this is not somebody I want living in a property that I own and ultimately responsible for.
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Old 05-21-2012, 12:06 AM
 
3 posts, read 4,030 times
Reputation: 10
This is a good idea, I think I should do this when I bring in new tenants.
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Old 05-21-2012, 11:05 AM
 
Location: Los Angeles
460 posts, read 978,547 times
Reputation: 299
#1 advice. Seek legal counsel.
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Old 05-22-2012, 07:48 AM
 
Location: OAKLAND CA
323 posts, read 695,634 times
Reputation: 194
"Life is too short to deal with dishonest people... I say let them ago and be thankful they are gone..."

Great advice Ultrarunner
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