Tenants request removing washer with mold

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Tenants request removing washer with mold

David Eyal
Investor · OR · Member since 2021 · 15 posts · 11 votes

Hi all, 

I rented my house to a couple last week, since they moved in they keep texting on any issue they see and request and immediate fix. I went there many times during the week and addressed all issues including calling a technician for an issue they raised with regards to the heating system. Yesterday i went there to clear a slow drain in their tub and i was bullied by the female tenant who accused me of putting them in a health risk due to mold in the washer. The washer has some mold spots since it has been standing there unused for a couple of months, i was prepared to clean it but i was screamed at and the female requests me to remove the washer (front load) from the house completely. The original request was to use they own washer and dryer and remove mine and store them in the garage on their own expense, they did not do that and request me to pay for the hauling of theirs and remove the washer from the house completely (refuse to store it in the garage) due to the mold. What would you do?

thanks

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Tim Miller
Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
4y

@David Eyal You need to lay down the law with her. Send an email and a certified letter, clearly stating that her behavior is not acceptable and it will not be tolerated! If it happens again, you will receive your notice for breach of lease with 30 days to vacate. If you need, get a lawyer and explain it to him/her. They can write a letter to your tenant.

Either way, you have to do this because if you don't, she and other tenants will walk all over you.

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  • Kathy Henley
    Rental Property Investor · St. Louis, MO · Member since 2014 · 741 posts · 424 votes
    4y

    @David Eyal Note to self: run wash machine with a bit a bleach before new tenants move-in.

    David, Some people avoid mold like the plague. You signed a lease with one and heard the alarm. Move the tainted appliance to another location and move in the tenants' washer. 

    4Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    4y

    I would choose option 3 and remove both the washer and dryer but instead of storing them sell them.  Each location is different but here you don’t get any more for having them and it is one more thing to break.  

    4Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @David Eyal  this is going to be a high maintenance tenant and you need to set limits sooner rather then later. This is likely the time to put down your foot.  Basically if she insists on screaming you say I am leaving or hang up.  Let her know that is not the way she can treat you and if she is not happy with the property she has a 30 day move- no penalty. Kind of the happy clause.  I would be surprized if she takes it.   

    Regarding the washing machine, you can run the machine with bleach or a cleaner and it will be gone but she is a mold nut so that isn't going to work for her.   I would lay out to her what options you consider acceptable regarding the machine only when she is calm.  Repeat the option you gave her.  Professional install of her appliance at her expense is the only way she gets her machine in there and she pays to haul. I would just say you provided a washer and dryer, she PREFERS hers but you can't be responsible for handling her equipment.  Personally if this is an issue I would take mine out and store the machine off site. Not because it is a risk but because she is a jerk and if you force her to use your machine you will not have a machine. 

    4Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    @Colleen F. Thank you, i told them yesterday that they can move if they don't like the house and i am sure they do. The house is way over what they can get for what i am charging in the area. I offered to clean the machine but honestly, i was afraid she'd get violent. She came very close to my face and i am reluctant to go back there.

    1Reply
  • Tim Miller
    Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    4y

    @David Eyal You need to lay down the law with her. Send an email and a certified letter, clearly stating that her behavior is not acceptable and it will not be tolerated! If it happens again, you will receive your notice for breach of lease with 30 days to vacate. If you need, get a lawyer and explain it to him/her. They can write a letter to your tenant.

    Either way, you have to do this because if you don't, she and other tenants will walk all over you.

    4Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    @Tim Miller Thank you, i didn't mention any expected behavior from tenant in my lease. What is she breaching if this happens again? I left there feeling i may need to file a complaint on assault. 

    1Reply
  • Tim Miller
    Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    4y

    @David Eyal - Hopefully you have a good solid lease. We had a tenant who hit her wife and we gave notice of Breach of Lease. Our lawyer stated the following: Section XX of the Lease prohibits criminal activity so ideally that would have been included in the Notice to Quit.

    We also included: ii. disturb, annoy, endanger, or interfere with other occupants of the Premises (including any members of the Tenant’s household or their invitees or guests);
    v. create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other occupant of the Premises or nearby resident.

    You need to make sure you are covered in your lease. Maybe have a lawyer review your current lease to let you know what needs to be improved. It could be $300 or $400 well spent. But in the long run could saves you thousands and a lot of headaches.

    1Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y

    My lease states that all appliances are put in for the tenants' convenience and tenant is responsible  to keep them in a good shape. Mold is there because they lock the door after the wash cycle is complete or they forget to remove washed clothes promptly. They are the ones using the washer. They need to do cleaning cycle once in a while and keep the door ajar. Otherwise, I will charge them for a damage. I am only responsible to make sure the property is habitable. I will take care of plumbing/electric and AC if defective or too old. I will charge tenants for neglect. Tenants must notify me of any issues. I do check washer and dryer and appliances condition on move in and move out. They also get instructions. Tenant's character is a very important criteria for me. Even if everything check out I wont rent to the people if I cannot work with them.

    1Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y
    Originally posted by @Colleen F.:

    @David Eyal  this is going to be a high maintenance tenant and you need to set limits sooner rather then later. This is likely the time to put down your foot.  Basically if she insists on screaming you say I am leaving or hang up.  Let her know that is not the way she can treat you and if she is not happy with the property she has a 30 day move- no penalty. Kind of the happy clause.  I would be surprized if she takes it.   

    Regarding the washing machine, you can run the machine with bleach or a cleaner and it will be gone but she is a mold nut so that isn't going to work for her.   I would lay out to her what options you consider acceptable regarding the machine only when she is calm.  Repeat the option you gave her.  Professional install of her appliance at her expense is the only way she gets her machine in there and she pays to haul. I would just say you provided a washer and dryer, she PREFERS hers but you can't be responsible for handling her equipment.  Personally if this is an issue I would take mine out and store the machine off site. Not because it is a risk but because she is a jerk and if you force her to use your machine you will not have a machine. 

     Agreed. Set the limits with your contract and your tone. 

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @David Eyal I am with @Tim Miller on this.  I would let them both know in writing that yelling threatening behavior will not be tolerated and will result in lease termination.  At this time you don't need to cite chapter and verse in the lease although you might find an appropriate section. 

    I would write a letter stating something like: I understand during the move in period you had several requests which I addressed.  Future requests will be handled as follows then lay out how they should contact you and that issues of health and safety will be handled within  x  hours and other issues will be responded to in x days. In no instance shall the threatening behavior and shouting as I experienced on x day be tolerated.  Any subsequent occurrence will result in lease termination etc...     close with I  hope this clarifies how to handle future communication. I look forward to a successful tenancy. ....   You don't want to alienate them but you don't want to tolerate this behavior either.  And if it is a couple you do want the other partner to be on notice of this incident.

    3Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    @Colleen F. The other partner witnessed this and at some point even came to block her from getting too close, he clearly noticed something isn't right there. I truly don't know how i am going to go there again. I feel like i am facing a long year of continuous nightmare with them. I truly hope it's a transition thing and they will eventually stop, but if not, i am just going to hire a professional to deal with them until they leave.

    1Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y
    Originally posted by @David Eyal:

    @Colleen F. The other partner witnessed this and at some point even came to block her from getting too close, he clearly noticed something isn't right there. I truly don't know how i am going to go there again. I feel like i am facing a long year of continuous nightmare with them. I truly hope it's a transition thing and they will eventually stop, but if not, i am just going to hire a professional to deal with them until they leave.

     Get them out now. It won't get better.

    2Reply
  • Account Closed
    Member since 2020 · 983 posts · 1k+ votes
    4y

    What you really need to do is; reduce your verbal communications and make sure every statement is in writing. This is the only way you are sure to win a mold lawsuit. Remove the washer and dryer, immediately. A new $1,000 washer and dryer set is a super cheap price compared to an attorney and several years to settle.

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @David Eyal either you will get to the point where you will figuratively put your foot down or you hire a GOOD PM.  I can remember when I have had reached that point of no return a few times and I was knocking on the tenants door essentially saying shape up or ship out.  There are some very no-nonsense PMs on this site with great advice.  You can search the forums and see what advice they have given about difficult tenants.  Also add your location to your profile and you will get some area specific advice. 

    1Reply
  • Gabe S.
    Vienna, VA · Member since 2015 · 41 posts · 15 votes
    4y

    @David Eyal if we’re me, I’d cut losses and let them out of their lease.

    2Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    @Gabe S. On what grounds? i can't just terminate the lease, i have no witnesses to her behavior. 

    1Reply
  • Gabe S.
    Vienna, VA · Member since 2015 · 41 posts · 15 votes
    4y

    @David Eyal. You don’t need to offer grounds. Leases can be mutually agreed to be terminated.

    1Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    @Gabe S. not in Oregon. 

    0Reply
  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    4y
    Originally posted by @David Eyal:

    @Gabe S. not in Oregon. 

    Yes in Oregon and everywhere...if you both agree then she will leave. That's what mutually agreed to means. So figure out what you can both do so that she will agree to terminate the lease and leave, or buckle down and steel yourself to the fact that you have to deal with the situation. I stink at the confrontational interactions with tenants, but I do it because it's what has to be done unless I hire a manager. 

    1Reply
  • Gabe S.
    Vienna, VA · Member since 2015 · 41 posts · 15 votes
    4y

    @David Eyal

    https://oregon.public.law/statutes/ors_90.427

    0Reply
  • David Eyal
    OP
    Investor · OR · Member since 2021 · 15 posts · 11 votes
    4y

    Wow, i decided to sell the set just to end this saga, sent two guys to pick the set up. She send me a text that they are not professionals and her husband told them what to do so she charges labor. 

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    4y

    sounds like you have a real a-hole of a tenant. Time to execute the happy clause. Certainly don't pay labor for their consulting. If you don't put your foot down, the entire lease period is going to be like this. It isn't going to get better.

    1Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    4y

    @David Eyal

    I have a front load washer in a vacant house that has been there for 8 years. No mold.

    Mold does not just happen. Mold does not come when the machine is not used.

    The idiot wants HER washer and you to do her work.

    Say no. Tell her to perhaps do some laundry!

    The using of bleach in places before sale or showing is a good idea. It tells me there is something to hide. If you regularly do laundry, and I do, you are not faked by these things.

    Seems to me like you have a real winner fir a tenant. The first time my tenants yell at me is the last time they see me without a court order to do maintenance or what ever.

    This is why one year leases are great. Next year the rent goes up for this tenant, and perhaps I also remove the existing washer and dryer too.

    They pay more or leave!

    Disrespectful tenants are not needed. I have a waiting list. Just make my day, but 30 days prior to the end of the lease!

    [email protected]
    0Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 366 posts · 314 votes
    4y

    Sounds like an "Apparently, what I have doesn't meet your expectations/feel free to leave letter" might be in order. 

    0Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    4y

    You asked what we would do and well, we would have done this very differently from the start.  First and foremost, we don't provide washers and dryers.  If we had a home that every other rental in town provided them, then, okay, we probably would but we have not found that town yet.  

    If I had a home with a washer and dryer in it and the tenant asked me to remove mine so they could use theirs I would in a heart beat.  Let them put wear and tear on their machines and fix them when they break.  

    If I had a home with them and we rented it like that I would have put in the lease that they can use as long as they work, once they break the tenant is responsible to fix or replace or not use.  

    Lastly, front loading washers are well known for their molder rubber seals.  If I were to provide one I would never provide this kind as it is, in my opinion asking for trouble. 

    1Reply
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