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Updated over 5 years ago on . Most recent reply

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Mold in rental, fear of lawsuit

Samantha Serenes
Posted

There was a flood in the room addition in my rental recently which the tenant uses as an office/ bedroom (the actual bedroom is small and this addition is much larger so he prefers as a bedroom). Restoration company dealt with the mold and my contractor replaced dry walls and changed from carpet to tiles

The property mgmt company asked me to offer 2 weeks rent free which I did. The property company told me that this is nothing compared to being sued for mold.

I don’t know why he mentioned being sued. I get intimidated and want to see if there is anything I can do to prevent a lawsuit or protect myself.

The tenant has been renting for 4 years and is now on a month to month. Last contract ended in January and I’ve tried to increase the rent for $100. He said he has been taking good care of my house and fixes things when he can. I’m not acknowledged of any fixes since he doesn’t let me know. At the same time I routinely maintain the property per any items I get requested from the management company.

After all these fixes, the management company told me the renter wants to sign a new contract. I wonder who like to be in contract. Does this has anything to do with planning a lawsuit? 

He refused to go check up his health for mold. 

Can he file a lawsuit years after he moves out from my property? Let's say 10 years from now he has lung problem, can he blame this incident.

Bottom line, I wonder if I should find a new tenant. Is there any document i can make him signed stating that if he doesn't get checked up now to clear his health he can't pursue legal action regarding this incident? This is all from my fear for a lawsuit. Any advice is appreciated.  Thank you. 

Most Popular Reply

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840
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Todd Powell
  • Rental Property Investor
  • Corvallis, OR
1,316
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840
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Todd Powell
  • Rental Property Investor
  • Corvallis, OR
Replied

@Samantha Serenes I Think you are over thinking way too much! You have taken the steps and remedied the situation well. I have dealt with this before, and NOT all black molds are actually bad for you health. You took action, which was the key.

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