All Forum Posts by: Jimmy Vance

Originally posted by @Scott M.:

"Nobody involved can figure out the logic here"

He is going for a payday.  He has you on the hook, you agreed to give him all of his money back so he knows hes got you and he is now moving the goal posts.  

Your story is a bit confusion as well, you say "tiny bit of mold" yet you opened up an insurance claim.  Also, do you know it is mold?  If not, stop using the word mold and use mold like substance or something less damming to yourself in all of your communications with everyone.  If you don't know with 100% confidence what it is, stop naming it.  

You seem to be pursuing one option, that is good.  Another route to go is to get the city building and health and safety departments involved.  They can get this tenant out quicker then you can in todays COVID environment.

From a legal perspective, and I am not a lawyer nor am I giving legal advice, you are in a decent position.  You seem to be dealing with the issue, offered to get the tenant out so if he is choosing to stay and continue to put his health at risk because of what he believes is in the home, that is on him.  I might even have the PM draw up an addendum and send to him spelling this all out.  Get his refusal in writing even in just text messages or emails him refusing all of his funds back and he is going to stay and sue.  He is making the choice to stay, you have been more than accommodating so that puts you in a good spot.   

This can be a stressful business at times, no doubt about it.  

I spoke with the restoration company today. They said the tenant kept claiming there was mold. They never said there was any mold and are treating this as a water damage remediation job. The tenant called the PM and claimed there was mold found. He also kept trying to put words in their mouths, claiming there was mold in the central air unit, but there was nothing more than filthy looking coils that an AC tech company cleaned out.

The PM is placing it in writing this morning that he requested all of his money back, we offered all of his money back, and he's refusing to leave.

I've had a problem tenant for months, literally from the moment he moved in. Complaint after complaint after complaint.

To cut a long story short, recently there was a leak from a pipe in the condo, nothing major. I sent a restoration company out as there was moisture to baseboards and some of the drywall in the room. They believe to have a found a tiny amount of mold, but otherwise no big issues.

Tenant calls complaining to property manager, threatening lawsuits and says he's feeling all of these illnesses and it must be because of mold.

He says his health is at risk and demands ALL of his money back spent on the property.

Because of all the drama over the last few months - they offer him a sweetheart deal because I can't take the stress any longer - ALL of his money back, which is about 4 months rent, all of his deposits back and help in finding him a new place.

He rejects the deal, doesn't want to leave, and is more interested in his legal recourse based on what the mold tests will show from the restoration company.

An insurance claim has been opened, this professional restoration process will cost thousands.

Nobody involved can figure out the logic here. He claims his health is at risk and he feels ill, but is refusing to leave the property. He keeps demanding things (like getting all his money back), we meet his demands, and he still refuses to leave.

It appears he's fishing for a lawsuit or may have one on the way, but this is bananas to me. I don't know what else I can do here.