Tenant claims sickness due to Mold
Most Popular Reply
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
2ySpend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
65 Replies
- Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes2y
Quote from @Kee Lee:
Hi If anyone can give some advice
About 8 months ago in June 2023, tenant complained of water leakage in one of the rooms, I sent my handyman to take a look and looks like the HVAC air filter was completely blocked, it caused alot of water to leak onto the floor. At the time the tenants wanted compensation for many shoes and much clothes that was on the floor and have been damaged. I told them I can't claim it through insurance since it was due to the fact they (the tenant) didn't replace the air filter. I did have the handy guy clean and dry off the area on two or three separate occasions.
Moving forward to two weeks ago, they are complaining of mold and now sickness, I hired a property manager to deal with this. He hired a mold remediation company and looks like there is significant amount of mold and the cost estimate to remediate is coming to 12k. Also looks like the tenant wants in the range of 10k for compensation. So hence the question is do I call my insurance company or handle it privately?
Thx
KJ
Most insurance companies have a very low payout for mold. Like $5k caps low.
District Invest Group545 Reviews - 2yOwen RosenBusiness MemberProfessional · Clinton Township, MI · Member since 2015 · 682 posts · 259 votes
Quote from @Kee Lee:
Ah I didn't know, thanks for the info Russell, what a headache!
The coverage amount probably isn't the main issue. Insurance in most cases only cover mold/fungus IF the mold was caused by a covered loss.
So, if mold simply develops over time and has nothing to do with a claimable situation like a pipe bursting, it won't be covered at all.
Beyond that, there is likely a sublimit for mold as mentioned by Ken IF there is coverage at all. That limit could vary greatly from policy to policy and many policies will exclude mold altogether even if caused by a covered loss.
Royal Oath Insurance Group4.9203 Reviews - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Owen Rosen:
Quote from @Kee Lee:
Ah I didn't know, thanks for the info Russell, what a headache!
The coverage amount probably isn't the main issue. Insurance in most cases only cover mold/fungus IF the mold was caused by a covered loss.
So, if mold simply develops over time and has nothing to do with a claimable situation like a pipe bursting, it won't be covered at all.
Beyond that, there is likely a sublimit for mold as mentioned by Ken IF there is coverage at all. That limit could vary greatly from policy to policy and many policies will exclude mold altogether even if caused by a covered loss.
The mold I think was a result of water leak from an HVAC unit.
- 2yMichael SmytheBusiness MemberReal Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
@Kee Lee check your lease!
Ours states that we can sue the tenant if they caused damage like this via neglect.
Being able to threaten the tenant with a lawsuit may be enough to get them to move and sign a hold harmless.
Logical Property Management4.9454 Reviews - Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes2y
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOPWow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(
Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
- Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes2y
Lawyer up right away . You are getting shook down
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Matthew Paul:
Lawyer up right away . You are getting shook down
Thanks, i've done that just my lawyer has been busy, will call him tomorrow, thanks for the advice. - 2ySam YinPro MemberLos Angeles, CA · Member since 2021 · 584 posts · 738 votes
@Kee Lee
I have had something similar twice. On the first occasion, I leveraged it as an opportunity to move the tenants along, complete some rehab, rerent at market... About 80%+ higher. This raised the valuation of the asset tremendously.
On the second occasion, about 2 months ago, a tenant complained a few weeks after the fire department soaked the unit to put out a fire. After hearing her plight and the fact that she never opens any windows, I reminded her that this is business and I would not take it personal if she felt the need to break the lease and move out. I would even credit that current month. But if she stayed, I would be greatful for her loyalty. I told her that the property manager will enter her unit during the day to open all windows to air it out or the next 2 weeks. We will paid for professional carpet cleaning. That's it. Although I was hoping it would cause her to move out, she stayed and later told me that it finally aired out. Her rent will be going up soon.
Try your best to see the glass half full and find an opportunity to make your asset better performing. This can mean some improvements, new and more resilient tenants, or just some attitude adjustments.
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOPThanks for sharing your experience, I know legally the tenant is at fault because they never changed the air filters but still now there is bad mold and I am remediating it but I still want to compensate them a little maybe 2 months of free rent for dealing with the mold...
Quote from @Sam Yin:
@Kee Lee
I have had something similar twice. On the first occasion, I leveraged it as an opportunity to move the tenants along, complete some rehab, rerent at market... About 80%+ higher. This raised the valuation of the asset tremendously.
On the second occasion, about 2 months ago, a tenant complained a few weeks after the fire department soaked the unit to put out a fire. After hearing her plight and the fact that she never opens any windows, I reminded her that this is business and I would not take it personal if she felt the need to break the lease and move out. I would even credit that current month. But if she stayed, I would be greatful for her loyalty. I told her that the property manager will enter her unit during the day to open all windows to air it out or the next 2 weeks. We will paid for professional carpet cleaning. That's it. Although I was hoping it would cause her to move out, she stayed and later told me that it finally aired out. Her rent will be going up soon.
Try your best to see the glass half full and find an opportunity to make your asset better performing. This can mean some improvements, new and more resilient tenants, or just some attitude adjustments.
- 2ySam YinPro MemberLos Angeles, CA · Member since 2021 · 584 posts · 738 votes
Quote from @Kee Lee:
Thanks for sharing your experience, I know legally the tenant is at fault because they never changed the air filters but still now there is bad mold and I am remediating it but I still want to compensate them a little maybe 2 months of free rent for dealing with the mold...Quote from @Sam Yin:
@Kee Lee
I have had something similar twice. On the first occasion, I leveraged it as an opportunity to move the tenants along, complete some rehab, rerent at market... About 80%+ higher. This raised the valuation of the asset tremendously.
On the second occasion, about 2 months ago, a tenant complained a few weeks after the fire department soaked the unit to put out a fire. After hearing her plight and the fact that she never opens any windows, I reminded her that this is business and I would not take it personal if she felt the need to break the lease and move out. I would even credit that current month. But if she stayed, I would be greatful for her loyalty. I told her that the property manager will enter her unit during the day to open all windows to air it out or the next 2 weeks. We will paid for professional carpet cleaning. That's it. Although I was hoping it would cause her to move out, she stayed and later told me that it finally aired out. Her rent will be going up soon.
Try your best to see the glass half full and find an opportunity to make your asset better performing. This can mean some improvements, new and more resilient tenants, or just some attitude adjustments.
Based on the information so far, I would not compensate anything at all. Do not get emotionally attracted. It is a business and you should run it like such... From the beginning.
I have made those concessions early iny journey, and I regret it. I did not have anyone guide me.
- Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes2y
Quote from @Kee Lee:
Wow thanks for words of advice, I will definitely talk to my attorney in the morning and try to be more on the offensive, thanks for the heads up!Typical low life tenant thinking they'll get a payday. Highly doubt it goes any further than it has if you shut them down and then evict them. Attorney's aren't working for the poor's on a retainer and it's doubtful he has the ability or desire to pay for one.
- 2yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes2y
Tenants love to ask for compensation. You need to educate yourself and stand your ground.
I also recommend you revise your lease. Tenants should be 100% responsible for consumables like air filters, water filters, light bulbs, etc. Put it in your lease, teach them how to change them, buy them a one-year supply (usually $20), and then hold them accountable.
Your home did not cause this problem; your tenant did.
The DIY Landlord Book4.7247 Reviews - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @James Wise:
Quote from @Kee Lee:
Wow thanks for words of advice, I will definitely talk to my attorney in the morning and try to be more on the offensive, thanks for the heads up!Typical low life tenant thinking they'll get a payday. Highly doubt it goes any further than it has if you shut them down and then evict them. Attorney's aren't working for the poor's on a retainer and it's doubtful he has the ability or desire to pay for one.
I agree but first time owning a 4 unit building, my attorney suggested giving them 2 months free rent to avoid any exposure but they're definitely trying to shake me down. I've been so generous with them so in the end hire a property manager and be very firm with them, lessons learned. - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Nathan Gesner:
Tenants love to ask for compensation. You need to educate yourself and stand your ground.
I also recommend you revise your lease. Tenants should be 100% responsible for consumables like air filters, water filters, light bulbs, etc. Put it in your lease, teach them how to change them, buy them a one-year supply (usually $20), and then hold them accountable.
Your home did not cause this problem; your tenant did.
Makes perfect sense thanks for the advice! - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Nathan Gesner:
Tenants love to ask for compensation. You need to educate yourself and stand your ground.
I also recommend you revise your lease. Tenants should be 100% responsible for consumables like air filters, water filters, light bulbs, etc. Put it in your lease, teach them how to change them, buy them a one-year supply (usually $20), and then hold them accountable.
Your home did not cause this problem; your tenant did.
Thanks for advice, yeah it is definitely in the lease for them to change the air filters but believe it or not sometime they are incapable, can't even put it in the right away wrong air flow directions so I may hire someone to replace the air filters every 90 days esp when they have cats the air filters get clogged real fast, thanks!
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Theresa Harris:
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
Yeah they are month to month but in washington dc it is very had to get them out even for legitimate reasons but thanks for advice. - Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes2y
Quote from @Kee Lee:
Quote from @Theresa Harris:
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
Yeah they are month to month but in washington dc it is very had to get them out even for legitimate reasons but thanks for advice.Have you considered hitting them with a Stone Cold Stunner?
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @James Wise:
Quote from @Kee Lee:
Quote from @Theresa Harris:
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
Yeah they are month to month but in washington dc it is very had to get them out even for legitimate reasons but thanks for advice.Have you considered hitting them with a Stone Cold Stunner?
And what would that be? - Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes2y
Quote from @Kee Lee:
Quote from @James Wise:
Quote from @Kee Lee:
Quote from @Theresa Harris:
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
Yeah they are month to month but in washington dc it is very had to get them out even for legitimate reasons but thanks for advice.Have you considered hitting them with a Stone Cold Stunner?
And what would that be?bruhhhhhhhhhhhhhhh
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @James Wise:
Quote from @Kee Lee:
Quote from @James Wise:
Quote from @Kee Lee:
Quote from @Theresa Harris:
Quote from @Kee Lee:
Wow thanks so much for your advice, I will present this to my attorney and see what he says. I tried to be nice and work this out privately offered them around 6k compensation package now they want like year of free rent (24K) and 8k in cash, these are section 8 tenants. They were paying only 350 and 2100 from section 8 but now since Jan 2024 they pay 2100 only 350 is covered by section 8, not sure what happened. But did hire a mold remediation company and there is definitely mold there, estimate is 10k, time is of the essence so I asked my property manager to go ahead and remediate. Sometimes niceness doesn't payoff :-(Quote from @Greg M.:
Spend a couple hundred dollars and have an attorney draft a f*** off letter.
Dear Tenant:
As you are aware, the water leak was directly caused by your failure to change the air filter. It is your responsibility to change the air filter to prevent this from occurring (see Lease, page 3, paragraph 2).
Your negligence in failure to change the air filter has directly caused me to incur significant expenses. Not only did I have to hire someone to diagnose and remedy the cause of the leak, as well as dry the affected area, but I am now facing a $12,000 expense to remediate the mold your negligence caused.
Due to your negligence causing these large expenses, it is necessary for me to file a claim with your renters insurance policy. If you also have losses that you feel may be covered under your renters insurance policy, I suggest you do the same. However, I bear no responsibility for your damages as they were directly caused by your negligent actions.
Sincerely,
Landlord
PS: Your rent will be going up due to this!!
You are right, being nice doesn't always work. The tenant is clearly after something. When is their lease up? I'd work on getting them out and finding a new tenant. I'd also bet if you went to check the filter, they still haven't changed it since your handyman put one in last year.
Yeah they are month to month but in washington dc it is very had to get them out even for legitimate reasons but thanks for advice.Have you considered hitting them with a Stone Cold Stunner?
And what would that be?bruhhhhhhhhhhhhhhh
Ah I get ya, yeah that would be nice to put some sense into them, but these are elderly couple and have some starndards, looks like they are coming around any may settle for two months free rent. The mold remediation will take couple days and set me back thousands but someone has to pay for the mold remediation and it's not like the insurance or the tenant will cover it.
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