Mold claim by tenant - Behind Tile in Bath : ezLandlordForms

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Robin S

started a topic almost 15 years ago

I have a tenant who is a serial complainer & wants lease voided. She recently complained that tiles fell off wall on downstairs bath wall. Called tile contractor who came by next day (I live 8 hrs away). He said drywall was originally used and tile didn't properly adhere. He will install greenwall. He said wall was dry, no leaks & he will match tile and fix area of wall. I told this to tenant. Just rec'd email from tenant saying that she has a piece of sheet rock from wall w/mold on it. I called contractor and he said its dry. She will make a mold issue out of this, in attempt to get 'out' of her lease. The lease has a mold clause that tenant should advise immediately of mold and landlord will 'reasonably' maintain premises to prevent mold. 2 mos after she moved in she caused upstairs toilet to overflow & didn't know to turn off water behind the toilet. If there is any moisture behind wall, this would be the cause. What should I do to protect myself from the mold allegation?

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Denise S

said almost 15 years ago

A landlord can be held liable for damages resulting from a mold-related illness if a violation of the building code of the source of the problem. Examples may be: a roof, wall, or window leak that caused moisture to build up, an interior plumbing leak,deficient bathroom or kitchen ventilation, failure to dry out carpets or other materials that may have been soaked by flooding, plumbing leaks or overflows, or fire clean-up,failure to address written complaints in a timely manner Under California’s Repair and Deduct Law a tenant may do any of the following: deduct up to one month’s worth of rent and hire a contractor to make necessary repairs if the landlord has not responded in a timely manner to written notification of the problem, not pay rent until the problem is remedied, file a lawsuit to recover damages for both the illegal living environment and the damage to the health of the tenants. I would let them out of their lease but I would probably seek the advice of an attorney.

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L S

said almost 15 years ago

My husband and I also recently rented to a serial complainer starting in April. When our area had been experiencing unusually heavy rain throughout May and part of June, her new crop of complaints centered on her belief that there was a mold condition developing in the house and it was preventing her from living there. We had several professionals assess the situation - and we also performed an air quality and a swab test for mold - it all came back negative. Our attorney advised us to break the lease and return some reasonable portion of her security deposit, which we are happily doing. My advice is, be responsive, fix the problem and document your activities - then break the lease and find another tenant (check references first!).

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Paul F

said over 12 years ago

"The lease has a mold clause that tenant should advise immediately of mold and landlord will 'reasonably' maintain premises to prevent mold" At this point she's advised you. And you're going on the advice of a contractor who claims there's no mold. However since he's swapping it to green board, if she photographs his work and the whole backside of the drywall (which should NOT be in the bathroom) is black, then yea she's got a legit complaint that the landlord failed to resolve. Removing the bathroom wall could create additional airborne spores. So I'd say let her break the lease, do all the drywall work while she's gone so she's not continually exposed. But remember, the contractor will be a witness in future cases (if those records are demanded in a future suit) as to the condition. so if you do remove any, best to remove all moldy surfaces. Follow protocols issued by the CDC for containment and prevent a 2nd tenant from finding a previous tenants testimony.