All Forum Posts by: Elizabeth Schellhammer

@Jenifer Levini, thank you so much for your response, it really does make me feel better!

We hired a mold remediation company and $3,200 later we should be free and clear of any mold! The issue was caused by our air conditioner condensation pipe not draining properly. I am glad that we found the problem and are able to solve the issue before it got worse... I don't however, appreciate the way our tenants handled it, although, such is business I suppose. 

If anyone has any questions about mold remediation, let me know, I have learned a lot this past week! There's one positive thing to come out of this situation, LOL. 

WOW! Thank you everyone for such incredible advice. Luckily, we do hold the property in an LLC and checks are written directly to the LLC and not in our own names. I did try very hard to keep things purely professional with this couple, and did inform them of "office hours" asking them to only contact me with emergencies after hours. Obviously, they did not abide. I am definitely going to have the lawyer handle everything from here on out, and I am very intrigued by the idea of having tenants move out due to hazardous materials and giving rent abatement. That's a great idea.... probably too far gone at this point, however, we will have the toxicology report back tomorrow or Friday.. so if there is anything toxic in the property, I think I will go that route.

I am so thankful to be a part of this community. I will keep you all updated with what happens next.

my thoughts exact @Jeff Rabinowitz, we have a property manager for our other property and I have never felt stress or anxiety even when they've threatened litigation. I really wanted the experience of managing properties myself and thought I would give it a go.

and yes @Brandon Battle, I did send this to my lawyer immediately.

Hey Y'all, here's the link to the thread I just posted where I am the landlord in this situation. LOL, would love to hear your thoughts and opinions.

https://www.biggerpockets.com/forums/52/topics/354...

Hello BP Community,

HOW DO WE DEAL WITH THE TENANTS THAT MAKE US CRAZY?!??!?!?!!? I have been filled with anxiety for the past three days and it is emotionally exhausting.  My husband and I accepted a retired couple to live in our beautifully renovated Jersey Shore beach house/duplex. They passed the background/credit checks and seemed so sweet. It appeared that they just wanted to spend their days at the beach and on their boat. They took possession in July and it's been non-stop requests ever since. These requests did not seem innocent and always seemed to be laced with a hidden agenda (he's an ex contractor and wants to do work for money off the rent). They are a bit aggressive in their approach and honestly, I have grown not to like them very much. HOWEVER, I have prided myself with handling them as professionally and kindly as possible and honestly would not change anything that I have done (except maybe not rent to them, but how would I have known? ughh) 

ANYWAY, on Saturday morning at 2am, I wake up to a text and email from them berating me and making some pretty outrageous claims against me. They had apparently found mold in a closet earlier that week, but did not inform me and instead they explained that they called the code inspector and I will be receiveing a letter soon with all the work I need to do to the property. The email ended in telling me that they have acquired a lawyer. I was so upset that I could not fall back to sleep. I will copy the email and my responses below for your viewing pleasure:

Good Morning, I responded via text to you first thing this morning to let you know we would be at the property ASAP to address any issues. I would like to take this time to properly respond to your email. Please see our italicized responses to your concerns below.

Sent from my iPhone

On Sep 10, 2016, at 1:09 AM, TENANT wrote:

Thank you for informing us that you believe there to be a mold issue in the house, this is the first we have heard from you that you presume there to be a mold problem. Adam remembers you mentioning in passing that you would like to rip up the carpet in the stair well, however, since you were moving two weeks later he thought it unnecessary. He does not recall any mention of there being a mold issue. As previously discussed, please send any problems or work order requests via email. We will gladly take care of any mold issue, within a timely fashion.

I'm sorry to hear you feel ill. We have lived in the unit and just moved out two weeks ago. We have never had an issue with mold or illness. However, we take your concerns seriously and will be there today to document the mold issue you have found behind the dresser. Whatever needs to be done to resolve the mold issue, we will take care of.

Thank you for checking on this issue... We were completely unaware of any code issue causing possible mold or water under the house. We look forward to the inspectors report and will handle any problem that is presented to us immediately. We take pride in offering quality, safe housing that is adherent to all codes.

Clause 7 in your lease in regard to pest control is a standard clause in any lease agreement. Also, having an apartment preventively treated for bugs is standard practice, this does not imply that we were aware of a pest issue prior to your taking possession of the apartment.

If you would like, you may provide us with your lawyers information and we can forward it to our lawyer so they may speak to each other directly.

Lastly, I am sad to hear that you feel "deceived by our professionalism" as we have tried hard to provide you with quality service. We never want our tenants to feel unhappy in the properties that we offer. If you would like to discuss a termination of lease, this is an option we can explore together. If not, we will gladly work with you to correct any issues.

Sincerely,

Beth and Adam 

If you are still reading, I commend you. I don't know if it's because I am 8 months pregnant or if it's because I my husband just accepted a new job and we moved to a new state and my stress levels have been higher than usual, but I am having a hard time with these tenants. 

After this email, we woke up Saturday morning, drove the 2.5 hours to jersey to document the issue. There was some mold in the closet being caused by condensation from the air conditioner. My husband attempted to clean with bleach and they freaked out stating that they wanted him to leave it for evidence... 

On Monday, I had a court appointed mold expert go to the property to test for toxins... in case they do take this to court. He says we have to wait for results but that it did not seem like a big deal and that he thinks these tenants have a hidden agenda. How annoying. I also called and got the code inspectors report and our maintenance man has started work on all the repairs. 

How can I rest easy worrying constantly that these suckers will try to sue us again? Over this or something else? How do you all handle the stress of this business? I am usually much better at crushing my emotions... 

Looking forward to hearing all of your valuable, thoughts, opinions and encouragements.

So I came to BP today to write a post about my current tenants threatening me with a lawsuit due to mold. Finding this post as top trending has really made my day. I love this community and so happy to be a part of it. I will link the post I am about to write once it's complete. 

That's a great idea! Do you have any idea how to go about doing the VOC test?

@Justin Fox, I was not present for the walk through. My husband said he did notice a smell during the walk through last Tuesday but he was only in the apartment for a few minutes and the real estate agent said they must've just redone the floors, he noted that all the windows were open. When we arrived on Saturday (4 days later) the windows were still open (kind of strange to leave all the windows wide open for days on a first floor empty rental) and the smell was still there.

@Michael Gansberg, thanks for your response. I feel the EXACT same way as you do. I almost always side with the property owner, as I myself, am a property owner!! However, if a tenant wanted out of a lease just 12 hours after signing due to a possible medical hazard I would definitely not try to fight that situation. I am just flabbergasted at the way the rental company is handling this situation. 

@Luc Boiron and @Justin Fox, the apartment is not recently renovated... it has laminate wood look floors... they do not look brand new. The management company said that the smell could possibly be paint or floor cleaner. I have never smelled something so strong and truly do not feel comfortable being in the space as I am pregnant. My husband would be the first to try and tough it out and even he was feeling sick and having an allergic reaction. 

I just don't see the point in putting ourselves in a possibly dangerous situation for ourselves and our baby. Ughhhhhh we just want out. 

Hi Everyone! I really need some BP assistance for a situation in which my husband and I have found ourselves. This weekend was a real balls up.

My husband and I currently live in South Jersey and own three rental units. Last month, my husband accept a job in Stroudsburg, PA so we are currently trying to re-locate to PA. We want to eventually purchase but thought it best to rent something first in order to get acquainted with the area. Adam only had two weeks to find an apartment as he started his new job yesterday. Luckily, he was able to find something on short notice and on Saturday (7/9) we drove to PA, signed the lease at about 12:30 noon at the property management company's office and took possession of the apartment at about 2:00 in the afternoon.

Upon arrival to the apartment, we noticed a very strong chemical smell inside (all the windows were wide open) we turned on the over head fan to help. We then left to do some shopping and picked up a box fan from Walmart. We came home and set the fan up in the window to help air out the apartment. Then went for dinner. Around 8:45 we came home planning to watch a dvd and go to bed. By 9:30 I was sick with a head ache and nausea and Adam was having breathing issues, head aches and nausea due to the smell. Adam already has severe allergies, sees an ENT and takes shots daily. I am 6 months pregnant and because we were both having such a strong allergic reaction to the chemical smell in the apartment, we decided it unsafe to stay. We left around 9:30 to stay in a hotel for the evening.

First thing Sunday (7/10) morning we called the property management company explaining that we do not feel safe in the apartment and would like our first month and deposit back ($1600 that we had just given them the day before)

Now, of course, they are not willing to give us our money back and are trying to say that Adam was suffering altitude sickness and that my sense of smell is just extra sensitive due to being pregnant. I wish I could document of chemical smell other than just describing it. I can assure all of you that we are not being melodramatic.... As soon as you open the door to the apartment you are bombarded with a strong toxic stink.

Needless to say, we would just like our money back and to walk away amicably. Unfortunately, we are now both frustrated and agitated. What can we do? Threaten them to with a lawsuit for unsafe living conditions? Is there a period of time we are allowed out of a lease if we find a problem such as this? We weren't even able to stay in the apartment for one night... we informed the company within 12 hours of signing the lease that we felt unsafe in the apartment... and now we are looking to lose $1,600 over this. 

BP Please HELP US.