All Forum Posts by: Kee Lee

Hopefully you have some good language about mold in your lease to fall back on. Here's what mine says about it:

25. MOLD. It is the goal of Management to provide a quality living environment to Resident(s). To help achieve this goal it is important for the Resident(s) and Management to work together to minimize any mold growth on the Premises. This section on mold contains important information for Resident(s). Mold spores spread through the air and are transported by shoes and clothing. When excess moisture is present, mold can grow. There is conflicting scientific evidence of what constitutes a level of mold that could lead to adverse health effects. Nonetheless, appropriate precautions need to be taken to minimize mold growth. In order to minimize the potential for mold growth in the property, Resident(s) must: 

*Keep Premises clean, especially the kitchen, bathroom(s), carpets and floors. Regularly vacuum, mop, and clean surfaces in keeping mold from growing.

*Immediately throw away moldy food

*Remove visible moisture from accumulating on any windows and doors as soon as possible.

*Keep shower curtain within the shower when showering, and open a window or use vent when showering.

*Use vents when using a clothes dryer.

*Provide adequate climate control in order to keep moisture levels down and prevent mold growth by opening windows or using a dehumidifier if necessary.

*Periodically inspect all sinks, bathtubs, washing machines, plumbing fixtures, appliances, windows, or anywhere water may be present to ascertain whether or not there is any water present around fixtures.

*Pay prompt attention to any leaks or moisture and report to Manager.

*Replace AC filters monthly and make sure window AC units are not leaking water into Premises. 

*Open the windows, use the vents, and air the Premises out occasionally as needed. 

*Immediately report to Manager any presence of mold growth that cannot be removed by simply applying a household cleaner and wiping the area.

A breach of this mold prevention agreement shall be a material violation of the Lease Agreement, allowing Manager to recover possession of the Premises, following Demand for Possession or Compliance in accordance with state law, and all other rights and remedies contained in the Lease.

Resident(s) Initials:____________________________________

Make sure the lawyer letter has something to the effect of "for your health and safety, we feel it is necessary for you to vacate the property. As you are on a MTM lease, consider this your 30/60 day notice that the lease will not be renewed at this time". Emphasize that if they are experiencing illness, its your priority to make sure their health is not affected and the only way you can do that is if they vacate the unit so you can properly and thoroughly mitigate the issue

This is  shakedown.....

Damage to their shoes etc.... that's what renters insurance is for... not your problem.

Mold remediation....90% of that stuff is a frickin scam. I would at a minimum get 2-3 inspections and estimates, with actual data of mold measured etc. Those companies ALWAYS make it a big deal. 99% of mold is non-toxic and unless they are "huffing" the material, they will be just fine. 

I'm sure you're a lovely person, but I just want to grab you by the shoulders and violently shake you until you wake up.

You are the victim. They were at fault. The at fault party does not settle with the victim. The at fault party does not get compensation. What is unclear about that? You do not pay them one single cent.

"They may settle for 3 months worth of rent". You know what they will settle for: JACK S**T, because that is what they are entitled to as the cause of the problem.

The fact that you keep coming back to offering them compensation for their actions tells me you shouldn't be managing properties. You don't have the ability to say "no" to people. You need to hire a Property Manager. Someone with a backbone that will tell these people "no" and hammer it home. 

Hey tenants, I'm not paying you a penny. You caused the problem. You're goddamn lucky that I'm not suing you for my losses or informing S8 about this and getting you removed from my unit. If you feel this is wrong, please sue me. At that point I will be countersuing you for all my losses. My attorney says I have a slam-dunk case. Any further talk about this needs to be from your attorney to my attorney. 

Make sure the lawyer letter has something to the effect of "for your health and safety, we feel it is necessary for you to vacate the property. As you are on a MTM lease, consider this your 30/60 day notice that the lease will not be renewed at this time". Emphasize that if they are experiencing illness, its your priority to make sure their health is not affected and the only way you can do that is if they vacate the unit so you can properly and thoroughly mitigate the issue

This is  shakedown.....

Damage to their shoes etc.... that's what renters insurance is for... not your problem.

Mold remediation....90% of that stuff is a frickin scam. I would at a minimum get 2-3 inspections and estimates, with actual data of mold measured etc. Those companies ALWAYS make it a big deal. 99% of mold is non-toxic and unless they are "huffing" the material, they will be just fine. 

What it looks like to me......

"Hi my name is Rodger Renter, And your unit is filled with mold that is making me sick.

I am aware the mold is here and continue to live with it, but you need to pay me to live here due to my illness from it.

I'm not interested in moving to a new unit, but I'm very interested in getting some money to offset my sickness that you are moldy-unit caused- despite the fact I could have moved out when I found out about it.

My medical degree to diagnose my illness being due to mold came from a Cherios box- it was on the back of the box I just cut it out and pinned it to the wall."

If it were my renter I would tell him to go pound sand.

And I would give serious thought to the replacing him Due to the fact that he seems like a possible litigant, And for his own health. He believes he is being detrimental infected by whatever type of mold this is.

 Doesn't matter that they are old. If she acts up, Grandma can get it too.

No, no, forget about trying to work it out nicely. Get rid of  tenant asap. Check your state's statues. in Calif, for example, landlords are not responsible for conditions caused by a tenant's negligence.  You might want to add something like this to your future leases to protect yourself from whiny, crazy tenants  and their mold complaints:

Any cost to remove mold that was reasonably caused by the tenant(s), or that was not reported promptly, will be charged to the tenants. Furthermore, should any tenant request that mold be tested by a laboratory or a mold “remediation specialist,” costs of such tests will be completely borne by the tenants. Any claims for monetary reimbursement for medical expenses due to illnesses, discomfort, or medical conditions that the tenants may claim were either caused by or worsened by alleged mold in the home will be denied unless the claimant proves with 100% certainty with a medical doctor’s definitive diagnosis that the health problem was directly caused by mold in the rental premises, and that the manager and/or owner was negligent.

What it looks like to me......

"Hi my name is Rodger Renter, And your unit is filled with mold that is making me sick.

I am aware the mold is here and continue to live with it, but you need to pay me to live here due to my illness from it.

I'm not interested in moving to a new unit, but I'm very interested in getting some money to offset my sickness that you are moldy-unit caused- despite the fact I could have moved out when I found out about it.

My medical degree to diagnose my illness being due to mold came from a Cherios box- it was on the back of the box I just cut it out and pinned it to the wall."

If it were my renter I would tell him to go pound sand.

And I would give serious thought to the replacing him Due to the fact that he seems like a possible litigant, And for his own health. He believes he is being detrimental infected by whatever type of mold this is.

@Kee Lee

I was involved in a similar situations just a few months ago. Definitely speak with an attorney. You made a generous offer, and it seems they are playing a game of racketeering. 

There is only so much you can say or do to help your cause before involving a lawyer. Furthermore, with all the nuances of the situation and the  timeline of events, you don't want anything to be turned around against you. Every county and city has their own unique provisions and regulations when it comes to landlord/tenant disputes. Speak to an attorney and let them guide you to avoid further headaches.