Obligation to test for mold - no evidence?

Question

I have been renting out the top floor of a condo for 6 years now (different tenants over the years). Had a new tenant move in 5 months ago. This is in Virginia.

Today I get an email from her telling me that she's been having really bad allergic reactions for the past month, and she thinks there's mold in the condo. After pressing her if there is any signs of moisture, water intrusion, or any visible mold ANYWHERE - I was told no, but that the tub had some black "stuff" around the perimeter (me - likely mildew...), but it has been there since she moved it.

The tenant notified me that the basement in the building has " flooded" recently and she's concerned that there is mold in the air and got into her unit (4 stories above...). I called the main office, and they informed me that there has been no flooding in the basement, no burst pipes anywhere in the building, and no roof leaks in the last few months.

I offered that she pay for the assessment herself (from a reputable testing company, not a remediation company), and if it comes back positive for high levels of mold or toxic mold (because I know mold is everywhere in the air) that I will reimburse her the cost of the test and remediate the mold - if it wasn't due to tenant negligence. She does not want to pay.

The tenants lease is up in July, I'm more than happy for her to move out now, but this since this is a 2br condo and she's splitting it with another stranger -- I don't expect the stranger will want to move out (or cover the full rent until July).

So the question is - iIs it my responsibility to pay and perform a mold test with no evidence of mold besides "my allergies are acting up?"

Dennis M. · Answer

this tenant is going to give you problems . Hang on to your hat and document everything from this point on . Admit no wrongdoing especially in writing or a text of any kind .

Michael Peters · Answer

Had a very similar experience a few months a go and currently going through litigation so hopefully my experiences can save you a headache.

The story so far... We had a water leak on a pair of exterior french doors which turned out to have been leaking for months due to an incorrect installation.  While pulling everything apart we did find some areas which we truly believed to be mildew.  We replaced the door and all surrounding areas as a precaution. During the repairs the tenant was concerned about mold and called the city rental inspector.  Rental inspector agreed that it appeared to be only mildew.  Tenant insisted it was black mold.  The inspector stepped in and told the tenant she could hire her own company to test the air and I agreed to cover any remediation if it was deemed necessary.  I was surprised to find that their were some very minor levels of "toxic mold".  Knowing that remediation is costly and can take some time I immediately offered to let the tenants out of the lease to make both our lives easier but they declined.  They wanted to stay in their home which I can understand.  Remediated the issue, passed the follow up test, and reimbursed the tenant for the time they could not be in the property per our lease agreement.  It was then that the tenant decided they could not move their family back into a mold house and broke the lease.  I let them out wanting to be done with the situation as they had already been mentioning a lawyer during the process.  They recently filed a demand letter for the small claims court maximum citing honestly ludicrous claims which I am now in the process of fighting.

What I learned...

1. Once they start bring up a lawyer make sure everything you are doing to address the situation is well documented.  I eventually got to the point with my past tenants that I would only communicate via email due to the accusations thrown around on the phone.  One tenant claimed to have seen mushrooms under the floorboard while the floorboards were up but didn't realize I was there during the repairs.

2. Many States do not have an laws surrounding mold.  Yes, we all know mold in large quantities over a prolonged period of time is bad but there is not a lot of definitive science out there.  If your state is lacking in that area CDC has recommended levels.  Keep in mind most homes will have a variety of mold spores.  After discussing my situation at length with local experts odds are that mold counts were well below acceptable levels and the act of replacing the door disturbed the area causing them to be released into the area.  If it is localized to your hvac room often using bleach and painting over the area with a antimicrobial sealer will be the better option.

3. Be careful who you bring in to complete remediation if you find anything.  I had bids ranging from $2,000 to $12,000.  The low end flat out told me they could bomb the property and it would pass as long as it was tested the very next day.  The high end of the spectrum was the company the mold tester recommended.  Later found out through my vendor channels that they received kickbacks for referring work.  Call around to you local PMs for recommendations if needed.

It sounds like you've been on top of the issue since the tenants first complaint and are doing everything in your power to address the issue.  If the test comes back positive that isn't proof of any negligence on your part based on what you've said so far.  If that's the case offer to let them out of the lease so you can remediate the property and alleviate any of their concerns.  If it gets to that point it might be worth talking to a lawyer to include a disclosure not to pursue legal action or post negatively about you company on the internet as a condition of you both mutually ending the lease.

Hope this helps and let me know if you have any other questions.

Justin Abdilla · Answer

I probably get 3 calls a month of tenants who want to sue apartment companies or landlords for toxic mold exposure.  I would tell you to get a test to ascertain the level of mold in the unit now.  The tenant has already notified you she expects that there is mold in the property, and you do not admit wrongdoing by attempting to verify her claims.  You're only liable for what you know or should have known about, and you testing to verify it does not imply that you knew about the mold previously.

I would say, as well, if your property comes back with significant mold in it, call your homeowners insurance.  They may provide a lawyer for you if you're sued for defects in the property like mold.

Jacob Sampson · Answer

First off, I always want to provide a clean safe environment for my tenants, but, as you are experiencing, for some reason all tenants are experts in mold detection, the strength of tree limbs, and apparently basement flooding.  To tenants - all mold is black mold, every tree limb is moments from falling and killing them in there sleep, and every basements has 2 feet of standing water whether it is visible or not.  Some standing water is invisible you know...

All that complaining aside, If mold detecting is cheap $250 or less I would just go ahead and get it checked out.  I wouldn't commit to resolving any problem found because the source may not be in your unit.

Michael Peters · Answer

The idea of mold can make people go a little off the rails.  Sadly her refusing to run the hvac system will only make her allergies worse.  Have you verified that the filter was being changed regularly before the test was ordered?  I also provide these at move in so there aren't any excuses and it can add years to the systems life.  If the dated filter was never changed at move out or during my annual inspection I charge the tenant for a service and cleaning.  This is part of the expectation for maintaining the property.  My lease includes the following "If the tenant fails to change the furnace filter,any repairs to the furnace if caused by the lack of filter maintenance shall be assessed to the tenant."I would make sure to send a follow up email to your last conversation so you have it for your records.  Stick to the facts and that you are unable to move forward with any additional repairs due to the cleared air quality test.  I would also provide the contact information for a reputable duct cleaning service and allow them to complete this at their own cost should they choose.  I would also make sure to mention that since the tenant is choosing to not operate the hvac system they will be responsible for any damages that occur as a result.

Bear the storm until move out but be prepared for any petting work requests that result.  You've done more then enough to accommodate their concerns.

Daryl Luc · Answer

I think you'd be smart to give them an out.  There's another post that was recent (search BL Sheldon) that shared a couple of ideas for early termination clauses that would be perfect for your situation.  Might consider for the future.

Something else to consider: I'll talk to the most previous landlord, but I give more credence to the one before and the one two places back.  It's not unusual for a landlord to not be forthcoming with a tenant they were happy to get rid of.  Also, more than once a family member has turned out to be that most recent landlord....when they weren't at all.  The ones farther back will be more forthcoming with bad tenants because those are the ones that stick.

Maxim Khanin · Answer

Cool, thanks, found it -- https://www.biggerpockets.com/blog/landlording-best-practices-handling-difficult-tenants-with-ease. I have an early termination clause in my lease (2 months rent)... not sure they know about it, but I did point it out upon lease signing.

And that's good advice about going further back.

Maxim Khanin · Answer

Thanks, I wasn't planning on giving it to her.

I used a 3rd party company to run a credit and background check. Both tenants had fully clean backgrounds, and "good" credit scores. Tenant #1 previous landlord didn't have any complaints. Tenant #2 previously owned her own place (out of state). They both have advanced degrees and earn well above median salaries. I don't think they're "professional tenants", but I could be wrong.

Tenant #2 has lived in my rental 1.5+ years at this point. She hasn't been a problem.

I notified tenant #2 that it's her right not to use the HVAC. But it's also her obligation to keep humidity levels within reason (per VA law and per the lease).

I already called the Health Department, going to call the Building Department next. I might just give these tenants an option to get out of their lease with a 30 day notice... it'll give me less headache to deal with.

Daryl Luc · Answer

Unless she paid for the report, don't give it to her.  She's not entitled to your work effort for free without a court order or you are in discovery during a lawsuit.  Don't forget to enlist the building department and health department, they may provide services in your jurisdiction and when they say no problem, the court pays attention.  I don't know how you vet, but you may have a professional tenant.  Their move frequency is high and if you have a good agency doing your checking, you find court activity.  Or, she may be suffering from winter allergies.  It happens a lot and has nothing to do with mold.  Carpet, previous tenant with animals, tight building that doesn't move air well and on it goes.

Maxim Khanin · Answer

Thanks everyone for the comments/help. Results are in, all clear!

410 spores/m^3 by the HVAC (with the visible 1-2sq ft of mold) and 990 spores/m^3 in her bedroom.

"For most people, for which the industry standards are used, all of the mold spore concentrations in both locations were low and very safe."  The report also noted "The analytical lab did note that in the bedroom, a large amount of particulate material was in the air. Dust in the air is the most common material, and can cause discomfort. Washing rugs can greatly reduce the amount of airborne dust."

Obligation to test for mold - no evidence?

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