Happiness clause for LTR -- Need Help ASAP

[Tori Wienke]

Hi BP community, 

I bought a 5/3 SFH in Denver-Metro area in December 2021. I renovated the basement to be a completely separate suite from the downstairs, with its own entrance (washer/dryer, bathroom, and kitchen). I rented the 2/1 to a nice married couple with a dog starting March 2022. Fast forward to October 2022, these tenants have so many complaints since living there. Some complaints were valid, some were not. This aside, 3 weeks ago, my tenant texted me a photo of under the carpet, looked like mold was growing on the wood tack strips. I immediately had a professional come out to test the air, and asked the tenants to move out of the room. After the mold was found out, i offered my tenants the "happiness clause" (since I've noticed they've had a lot of complaints since moving in), allowing them to move out free of charge early. The deadline was 60 days, December 31st.My tenants immediately let me know that they day they wanted to stay. They sent it to me in text, and I have it technically in writing. To add, the remediation has been completed and confirmed no mold is left in the unit and money off rent has been given.

Now, 3 weeks later, they are saying they want to move out by November 31st. With this said, I feel like since they initially denied my offer, it's no longer on the table. This is where I feel like this is sticky. I obviously don't want an unhappy tenant living underneath me, but they already rejected the offer. Any advice on how to proceed would be greatly appreciated.