Mold to Invalidate/break lease

[Wendy Yang]

Tenants moved in just for a couple of days. They then started to complain allergies/asthma and they said they suspected mold, although no mold could be found in the living area.  They then ordered a mold inspection themselves behind my back and claimed copious mold in attic and many walls are wet.  I do not know anything about the attic as we had no reason to look there, but the wet walls are not possible.  Also mold in attic is not suppose to affect indoor air quality (stack flow effect).  The tenants then moved out in about a week and claimed the house was uninhabitable based on the mold report.  However, they would not provide us the mold report.  They made the accusation that we knew mold problems, but fraudulently did not disclose and therefore the lease is invalid.  They demanded all their money back (1st month and security), plus their long distance moving cost ($3000+).  I felt that it could be a scam and I am doing my own mold inspection after they left.  Any similar experience or advice?

[Mindy Jensen]

I would not cover their moving costs, but I would absolutely let them out of their contract. Provided they leave the home in the same condition they arrived, I would give back security deposit and prorate rent for the time they are there. Let them go, it will be a nightmare relationship with them the entire time you are involved.

The attic should ABSOLUTELY be checked out - you DO have a reason to look there, you own the property. 

Since they have used the M word, you should get a mold test of your own, remedy anything found, and get it rented to the next person.

Yes, you can fight these people about it, but your time is better spent moving on.