I want to thank all of you for helping me. ;-)!
The roof was old, I bought this home in 2010 and we renovated it in 2011. Put it for sale and got very low offers and decided to rent. The roof got in bad shape after winter storms and one slate came off this year. We do not live close by and tenant reported the issue on July 2013 and we moved as flash to repair the roof investing $7000 quick in a blinck of an eye..!.
I will get my attorney tomorrow because I agree, we should not say or do anything that can make things bad. I am not planing to be greedy and obligate tenant to pay if she is not in the home.
Is just that I want to be free from her and not pay her moving cost and attorney fees, which I think is not fair. I can give her credit for the days we are repairing the home, because bathroom is been remediated, but were told by mold remediator specialist, is safe to stay in the home even if you are very allergic of sensitive to mold. But I understand if she want out for 3 days, I can cover that. rent refund and hotel nights, ok with me. but moving cost, attorneys and rent refund..... ;-( no.
Tenant, said via her attorney that she has moved out and no longer lives in the house because of the mold issue but today August 11, 2013, she has the basement full of her boxes, to the point that we can not work in the basement... and all her furniture are still in the house. At least she should say: "Receive my 30 days notice August 1 2013 that I am living the house and I am moving out September 1 2013, because mold issue unless is remediate immediately. Which I was planning to do, like I am doing it right now. BUT no.... She travel most of the time for work. So she knows she will be traveling for work and work will pay for her hotel, so she said she moved out to the hotel and she is asking for August rent back and moving expenses and attorneys fee with all her furniture still in the house, while she is in a hotel for working reasons, NOT because the house condition, the mold specialized inspectors wrote in the test report that the house was and is now safe to live on it. AND even if the house had issues, she is acting like an abuser, because she has a personal agenda and is using all bad circumstances as an excuse...! maybe her child is bad in school.. and wants to move to a new school district or maybe she is loosing her ex child support to pay her rent and is too expensive for her. There is a personal reason behind this "moving out" because I was responding to repair like a flash...! putting almost $13,000 in repairs in a month...! and always was ready to give her credit in the rent per each day the house was in repairing process and $75 dollars of hotel credit per night, when house was not livable.