Tenant not allowing to do repair damage caused by water leak

[Shan K.]

A month ago we had a pinhole water leak in the rental unit . We got it fixed same day. Water damage restoration company removed some drywall and flooring . They did complete dry out and sanitized the area .They covered the area with plastic with zipper access. Formal dining area and along with small part of kitchen is impacted . Now we have very unhappy tenants. They are complaining about mold. Sent out mold company they told that impacted area is dry there is no visual sign of mold. They recommendations air quality inspection to protect us . Tenant now want us air quality inspection, before they can allow any repairs . Tenants do not have renters insurance offered various concessions like half months rent , half months electricity bill and water bill reimbursement etc . We also offered them to terminate the lease if they like to move out . Tenants are trying to mix up past issues with water leak issue. It has been over month now and we can't send contractors to bid or fix up the drywall and flooring . We have given 24 hours and try to get access to the property . Tenant sent an email specifying a certain sequence things need be done before allowing repairs. What should be our next step. Tenants are trying frame us for potential law suite? Is it time to get a real estate attorney ? Has anyone used a good real estate attorney in San Diego area ?

[Justin R.]

@Shan K. Eek.  What a headache.

Hard to say what I'd do without specifics on the past issues, your lease clauses, how fairly the tenant has been treated in the past, and whether the tenant is acting with logic or is just trying to be obstructionist.

Based on my lease, I would focus very narrowly on the problem at hand.  I would:

1. Acknowledge their email.  Offer to meet with them to understand their concerns (even if you already know them).

2. Notify the tenant in writing that I'll be entering the unit with a contractor at a specified time to address the damaged area (the lease explicitly allows this).

3. Show up and go in.  If they don't allow you in, don't go in.  Follow up with a written letter.

4. Repeat #2 and #3 until their lease is up or you have a breakthrough with #1.  In other words, I'd be sure I'm addressing their emotional needs while I move forward with my landlord responsibilities.  Such is the job description.

Obviously they can sue you for anything, but they need to have some sort of a case - you hired professional people to dry it out the same day, removed impacted materials, and will have documented atempts to complete the repair.  Hard to argue with that.

As to actual possibility for mold, San Diego's dry climate is a friend there - not scientific, but I've had a couple of issues needing dry out and it's always been faster and simpler than I read from folks in other areas.

Good luck!