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All Forum Posts by: Allan Smith

Allan Smith has started 2 posts and replied 5 times.

I have an apartment that was rented by a tenant and there's some minor damage (approx $100 worth). Do I need a licensed and insured contractor to perform the repairs or can it be a handyman that I know and trust but doesn't have license/insurance?

Just want to confirm.

Post: Tenant complaining about Mold

Allan SmithPosted
  • Clearwater, FL
  • Posts 5
  • Votes 0
Originally posted by @John Thedford:

The tenant cannot withhold rent. By law, they must make demand to cure via certified mail. If they withhold rent, you have the right to post a notice to pay or vacate. If they fail to do either, you can file an eviction. If they want to contest the eviction, they must pay the amounts due into the clerk of courts and have the judge rule on ownership of funds. If they make a demand via certified mail, and especially claiming a health hazard, you need to get a qualified company out ASAP to determine IF there is a problem. The tenant is probably no more qualified to make a determination than you are. In the meantime, THEY OWE RENT!

Download and print out FL Chapter 83 Part II for future reference. 

Thanks!

Today the tenant's inspector arrived and found some mold in the air handler and some below the carpet in a corner. A formal report and lab results will be delivered in 1 week.

Here are the issues that remain:

-Tenant still hasn't provided me a notice via mail to withhold the rent. 

-He stopped paying rent on the 1st, and vacated the place on 5th of this month.

-He claims to have experienced headache/dizziness due to mold.

I just want to minimize the long term angst for me and him. My mold addendum has  a clause that states I have the right to terminate the lease if I find mold that could be dangerous to landlord's health. So do I just do that?

Post: Tenant complaining about Mold

Allan SmithPosted
  • Clearwater, FL
  • Posts 5
  • Votes 0
Originally posted by @Matthew Teifke:

I would do everything I can to take care of this situation. Definitely get an expert out there. The number one thing you don’t want here is to have your tenant get sick because of negligence. Let me know how I can help.

Hey guys, I have an update: I'm getting a certified mold inspector to the property to inspect the studio tomorrow.

The tenant meanwhile - skipped his payment for December even when he has solid income and credit. I'm not sure what to make of this.

He has not sent me the "TENANT'S NOTICE TO LANDLORD OF INTENTION TO WITHHOLD RENT" or told he he won't pay his rent.

Few questions I have:

1. Can a tenant simply withhold rent like this because he thinks there's mold? I'm planning to send the "pay or vacate" notice within 24 hours if no payment is received.

2. I have the clause in my lease that says: "LANDLORD reserves the right to terminate the tenancy and TENANT(s) agree to vacate the premises in the event LANDLORD in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(s)." 

So if the mold inspection reveals the presence of mold, can I simply ask the tenant to vacate?

Post: Tenant complaining about Mold

Allan SmithPosted
  • Clearwater, FL
  • Posts 5
  • Votes 0

Thanks for the replies guys. I'll go over and take a look. 

But if I do not find the source of the mold, do I need to get a home inspector or a mold inspector out to find the source? 

Post: Tenant complaining about Mold

Allan SmithPosted
  • Clearwater, FL
  • Posts 5
  • Votes 0

Hi guys-

I rented out a 400 sq feet studio apartment about a month ago, and today my tenant says there's a musty smell in the studio, likely indicating the presence of mold. As far as I know, there are no leakages in the studio so I'm not sure what is causing it. 

I'm from Florida which is obviously very humid so even the slightest moisture exposure can trigger mold growth. The studio was vacant for the last 3 months though (A/C was still on 24x7), so maybe that could be the problem.

I'm not sure what's the best way to proceed here. Should I get mold inspection done to find the source of the mold? Or get an air purifier? https://www.amazon.com/s/&field-keywords=Ozone%20G...