Mold, health inspector, COVID, and eviction?

Question

A few weeks ago a supply pipe had broken in the unit. The water was shut off and the leak was repaired immediately. There is now a hole in the ceiling from cutting through the drywall/plaster. I have found a contractor to come and patch the ceiling to complete the repair. The issue is the tenant believes the whole ceiling needed torn down and replaced with new crown moulding and carpet as well. They offered to do the work in exchange for discounted rent, but then quoted a price of $2000. i respectfully declined and invited my own contractor to quote. My contractor explained to her that there was no damage anywhere else that required more demo/replacement. The tenant got very upset and stormed off. Next she started complaining about mold that “you cant see but its in the studs”. Two days later i got a voicemail from the health department saying there was a complaint against me for a leak and mold in the property. I believe they are attempting to start a lawsuit. I have collected a sample and sent to a lab to test for mold. If mold is present, would that be grounds for an evictions? The lease states that the lease is terminated if the property is rendered unlivable. My main concern is if i tried to get them out it would be considered retaliation. What would you do in this situation?

Nathan Gesner · Answer

People love to use mold to pressure Landlords.

I would contact the Tenant immediately, in writing, letting them know that I received a complaint from the health department. Tell the tenant you are making every effort to remedy the situation and ensure the home is safe. You have seen no evidence of mold but you submitted a sample for testing and will handle it appropriately if the test shows mold is present. If the Tenant feels the home is a hazard to their health, they should move out immediately to ensure they're protected. If they stay, that is their acknowledgment that they accept the home in its current state and do not feel it is a hazard to their health. When you get the lab test back, deal with the mold (if there is any) or continue with your plan to repair the damage and move on.

I've had many similar situations over the years. Mold is the modern-day boogie man. It's severely misunderstood and exaggerated, usually by renters trying to pressure the Landlord to reduce rent, renovate a property, or get out of a lease early. I don't play that game. If mold is discovered, we treat it and move on. If the tenant suspects mold, I'll visually inspect and try to confirm. If I don't see it but the tenant still insists, we will collect a sample (together, so they don't cheat) and get the answer from a lab. If there's no evidence of mold but the tenant continues to insist, I give them notice to move out and they either leave or they clam up.

I deal with hundreds of new renters every year and I've had dozens of mold complaints. The only ones that were valid were caused by the Tenant and were easy to remedy. You know what they all have in common? Lower-income Tenants that were problematic in other ways. This is just one more tool in their toolbox.

James Kats · Answer

May is a long time to wait in a situation like this.  I have, once or twice, told a tenant that I would release them from the lease early if they felt it was a serious issue.  Then, you could get into the unit earlier to do your rehab work and, I assume, raise the rent to the next tenant.  That would be a win for you and possibly a win for the tenant if they want to leave anyway.

James Kats · Answer

Hey Zach.  Sounds like you have a high maintenance tenant.  I am guessing this tenant is a person that you would be ok with having leave because there are probably other issues with them, or if not, there will be if they are taking the time to turn you in to the health department.  Not sure where you are from, but here in Sioux Falls, South Dakota, evictions are messy and costly (though probably not as bad as other places).  I had to do several in the last couple of years and try to avoid them if possible.  When is their lease up?  If it is only a month or two away, I would tell them that you are not renewing the lease.  Leave it as simple as that. If they ask why, you tell them that there is work that  you want to do to the unit.  I try to avoid larger repairs like that with a tenant in the unit anyways.  Then you can either do the work of replacing that if necessary because there is mold, or just clean the carpets.

As to your initial question, I am not sure if mold would be grounds for eviction, but try to avoid the eviction if possible.

David Clay · Answer

I don’t know the right answer, but wouldn’t it be the tenant’s responsibility to prove that there’sa problem with mold in the unit? If the health department does more than send a letter shoe then the original damage complaint you recorded and the receipts from the repair. Get the contractor to sign a letter saying that there was no additional damage observed during the time of repair. That should help.  I had a serious water repair completed about 1.5 yes ago and they too the walls of where there was damage and had humidifiers placed in the unit for several days to dry out the support beams. Now keep in mind it was a ton of water. If you’re dealing with a simple leak maybe drying out wouldn’t be needed. My tenants did have to move out. I lost a tenant over this. They were new, at fault really, but needed a place to live.

If you have to do such maintenance you can have the tenant move out until the repairs are completed and release them from any rental obligation until they move back in. Schedule the repairs for February, finish in late March or mid April and let the tenant know you don’t plan to renew her lease so she will have to find a place by the end of May - 1 month. Or just use the clause in your lease assuming that it is a legally defensible clause in your state.

Zach Watson · Answer

Here is the update: I sent them a letter which explained I have taken a sample and currently waiting on the results. I offered them the ability to leave if they do not feel safe, and that I was to ensure the unit remains habitable. The tenants replied saying they do not want to leave and asked for a copy of the mold results. I will most likely not give this to them. This week I received the results which were a little confusing. The report only says “stachybotrys and penicillium were found” and the “conclusion was unusual” but it provides no spore count, percent, or anything else. So either way now I will be treating the mold. The question is, is this sufficient to use the clause in the lease and renter the property unlivable to remove the tenants permanently for repair?  Im worried they will try to fight it

Joe Splitrock · Answer

Be careful with mold tests, because they often do find mold. Mold is everywhere in the world around us. Bottom line, I would tell the tenant if they feel unsafe, that they need to move out immediately. You will refund them rent once they and their belongings are removed. If they chose to stay in the property, they need to sign a waiver of liability. Bottom line, they chose to report and escalate this. They should not be living in the property if they believe there is a dangerous situation.

Max T. · Answer

@Zach Watson

It’s always silly to me when I hear of a tenant describing a residence as uninhabitable and yet refuses to leave.

Have your cake and eat it too?

Theresa Harris · Answer

Nathan is right.  Send them a letter and state that if mold is found, they will need to move out as it will take you time to remedy it and until everything is done, the house cannot be lived in.

Zach Watson · Answer

Thanks James. The lease is up the end of May. I have considered just waiting it out, but i am afraid of the trouble caused between now and then. I do plan to rehab when they move out but my budget could easily be wiped out first if they decide to involve the authorities in every little thing.

Mold, health inspector, COVID, and eviction?

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