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
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Colleen F.:
@Kee Lee and did I read right that these are section 8 tenants? How would free rent even work? Do you have to report that to their caseworker. I would terminate them if you could for causing the issue.
well it went from the tenants paying $120 and section 8 paying $2200 but now the tenants pay $2000 and section 8 pays $320. Trying to be seamless as possible. Debating selling this 4 unit apt, it's on the east side of the potomac river which is the bad side in DC. The one I personally manage in NE on the west side I never have any issues, different clientele. - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @David Avery:
If This is a section 8 tenant.
Section 8 should really take care of all repairs and should terms tenants lease ASAP.
guaranteed 1 year rent.
unless it has changed.
Forgot about that option will ask my property manager to inquire about that, thanks for the suggestion! - 2yColleen F.Pro MemberInvestor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
@Kee Lee since you said they were older it may be possible that someone became eligible for social security resulting in the change.
- 2yMichael SmytheBusiness MemberReal Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
@David Avery when's the last time you dealt with S8 lease?
Section 8 is NOT responsible for repairs and they do NOT guarantee rent!
S8 HAP contracts only state that S8 pay $x rent on behalf of the tenant as long as the tenant, home and landlord meet the eligibility requirements.
Logical Property Management4.9454 Reviews - 2yKee LeeMember since 2024 · 36 posts · 8 votesOPAh that makes sense.
Quote from @Colleen F.:
@Kee Lee since you said they were older it may be possible that someone became eligible for social security resulting in the change.
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Michael Smythe:
@David Avery when's the last time you dealt with S8 lease?
Section 8 is NOT responsible for repairs and they do NOT guarantee rent!
S8 HAP contracts only state that S8 pay $x rent on behalf of the tenant as long as the tenant, home and landlord meet the eligibility requirements.
Yeah I didn't think so either, DCHA (section 8) they are pretty clear on what their responsibilities are, that's why i figured I or the insurance company has to pay for the mold remediation. Out of 10k, but I want to take care of it, not like the tenant has the resources, I don't want to be penny wise and pound foolish and want to get this past me.
- Seattle, WA · Member since 2017 · 275 posts · 223 votes2y
Unfortunately with tenants you can't trust them to keep up with things like replacing furnace/ductless filters, smoke detector batteries, or sometimes even light bulbs.
This is one reason regular inspections are important. AT LEAST annually, for tenants you don't trust or who are new, consider finding a reason to come in after the first 3 months or so, then 6 month intervals until you decide if they are trustworthy or not. You can check all this stuff, remind the tenant to do the basic maintenance/cleaning or if necessary do it yourself and bill them for it. I discovered I had a hoarder tenant at one point when they took a nearly-brand-new reno unit to waist-full with clothes and junk within 2 months of move in. They must have stored it all someplace. That is a long story but the summary was keeping engaged with the tenant kept a bad situation from becoming worse, and eventually convinced them to move out.I don't disagree with standing your ground and holding the tenant responsible for paying for damage they caused, but good luck getting a lump sum payment from any tenant, especially a section 8 one. Document everything.
One thought on the example letter though, don't say the rent increase WILL go up because of something the tenant did. Some judge(s) and regulatory people out there would jump on that that as evidence of retaliation. Increase the rent more than usual, just don't link it to the tenants behavior. If they ask, just say you are adjusting income to keep up with expenses.
Filing a claim against the tenants insurance if they actually have it is probably a good move. You might also discuss it with your insurance provider. They would probably pay (something anyway) faster and will turn around and bill back to the responsibile party, in this case the tenant if they agree with what happened. I had a similar situation except a tenant cause a kitchen fire accidentally. The plus side of this is my insurance did all the chasing around of the tenant and their insurance so I only had to focus on fixing the unit. - 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Brian Hughes:
Unfortunately with tenants you can't trust them to keep up with things like replacing furnace/ductless filters, smoke detector batteries, or sometimes even light bulbs.
This is one reason regular inspections are important. AT LEAST annually, for tenants you don't trust or who are new, consider finding a reason to come in after the first 3 months or so, then 6 month intervals until you decide if they are trustworthy or not. You can check all this stuff, remind the tenant to do the basic maintenance/cleaning or if necessary do it yourself and bill them for it. I discovered I had a hoarder tenant at one point when they took a nearly-brand-new reno unit to waist-full with clothes and junk within 2 months of move in. They must have stored it all someplace. That is a long story but the summary was keeping engaged with the tenant kept a bad situation from becoming worse, and eventually convinced them to move out.I don't disagree with standing your ground and holding the tenant responsible for paying for damage they caused, but good luck getting a lump sum payment from any tenant, especially a section 8 one. Document everything.
One thought on the example letter though, don't say the rent increase WILL go up because of something the tenant did. Some judge(s) and regulatory people out there would jump on that that as evidence of retaliation. Increase the rent more than usual, just don't link it to the tenants behavior. If they ask, just say you are adjusting income to keep up with expenses.
Filing a claim against the tenants insurance if they actually have it is probably a good move. You might also discuss it with your insurance provider. They would probably pay (something anyway) faster and will turn around and bill back to the responsibile party, in this case the tenant if they agree with what happened. I had a similar situation except a tenant cause a kitchen fire accidentally. The plus side of this is my insurance did all the chasing around of the tenant and their insurance so I only had to focus on fixing the unit.Confirmed the tenant has no renter's insurance. I just had the whole area remediated for mold, very expensive so I may contact my insurance company see if they will cover for my mold remediation costs. I was just going to cover it but it is 10k which is worth calling my insurance company for.
The question is I was promised that the certification for all the completed mold remediation but do i need to get a test now that the work was done? The work took all weekend and baseboards and drywall up to a certain height was all removed.
thx
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
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!!
Greg, did you see the latest post, looks like saying your rent may go up may not be a good idea, just a heads up!
Thx - 2yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Quote from @Kee Lee:
Quote from @Brian Hughes:
Unfortunately with tenants you can't trust them to keep up with things like replacing furnace/ductless filters, smoke detector batteries, or sometimes even light bulbs.
This is one reason regular inspections are important. AT LEAST annually, for tenants you don't trust or who are new, consider finding a reason to come in after the first 3 months or so, then 6 month intervals until you decide if they are trustworthy or not. You can check all this stuff, remind the tenant to do the basic maintenance/cleaning or if necessary do it yourself and bill them for it. I discovered I had a hoarder tenant at one point when they took a nearly-brand-new reno unit to waist-full with clothes and junk within 2 months of move in. They must have stored it all someplace. That is a long story but the summary was keeping engaged with the tenant kept a bad situation from becoming worse, and eventually convinced them to move out.I don't disagree with standing your ground and holding the tenant responsible for paying for damage they caused, but good luck getting a lump sum payment from any tenant, especially a section 8 one. Document everything.
One thought on the example letter though, don't say the rent increase WILL go up because of something the tenant did. Some judge(s) and regulatory people out there would jump on that that as evidence of retaliation. Increase the rent more than usual, just don't link it to the tenants behavior. If they ask, just say you are adjusting income to keep up with expenses.
Filing a claim against the tenants insurance if they actually have it is probably a good move. You might also discuss it with your insurance provider. They would probably pay (something anyway) faster and will turn around and bill back to the responsibile party, in this case the tenant if they agree with what happened. I had a similar situation except a tenant cause a kitchen fire accidentally. The plus side of this is my insurance did all the chasing around of the tenant and their insurance so I only had to focus on fixing the unit.Confirmed the tenant has no renter's insurance. I just had the whole area remediated for mold, very expensive so I may contact my insurance company see if they will cover for my mold remediation costs. I was just going to cover it but it is 10k which is worth calling my insurance company for.
The question is I was promised that the certification for all the completed mold remediation but do i need to get a test now that the work was done? The work took all weekend and baseboards and drywall up to a certain height was all removed.
thx
If you just had remediation done, talk to that company and get them to come back and look at it. They probably missed something.
- 2yKee LeeMember since 2024 · 36 posts · 8 votesOP
Quote from @Theresa Harris:
Quote from @Kee Lee:
Quote from @Brian Hughes:
Unfortunately with tenants you can't trust them to keep up with things like replacing furnace/ductless filters, smoke detector batteries, or sometimes even light bulbs.
This is one reason regular inspections are important. AT LEAST annually, for tenants you don't trust or who are new, consider finding a reason to come in after the first 3 months or so, then 6 month intervals until you decide if they are trustworthy or not. You can check all this stuff, remind the tenant to do the basic maintenance/cleaning or if necessary do it yourself and bill them for it. I discovered I had a hoarder tenant at one point when they took a nearly-brand-new reno unit to waist-full with clothes and junk within 2 months of move in. They must have stored it all someplace. That is a long story but the summary was keeping engaged with the tenant kept a bad situation from becoming worse, and eventually convinced them to move out.I don't disagree with standing your ground and holding the tenant responsible for paying for damage they caused, but good luck getting a lump sum payment from any tenant, especially a section 8 one. Document everything.
One thought on the example letter though, don't say the rent increase WILL go up because of something the tenant did. Some judge(s) and regulatory people out there would jump on that that as evidence of retaliation. Increase the rent more than usual, just don't link it to the tenants behavior. If they ask, just say you are adjusting income to keep up with expenses.
Filing a claim against the tenants insurance if they actually have it is probably a good move. You might also discuss it with your insurance provider. They would probably pay (something anyway) faster and will turn around and bill back to the responsibile party, in this case the tenant if they agree with what happened. I had a similar situation except a tenant cause a kitchen fire accidentally. The plus side of this is my insurance did all the chasing around of the tenant and their insurance so I only had to focus on fixing the unit.Confirmed the tenant has no renter's insurance. I just had the whole area remediated for mold, very expensive so I may contact my insurance company see if they will cover for my mold remediation costs. I was just going to cover it but it is 10k which is worth calling my insurance company for.
The question is I was promised that the certification for all the completed mold remediation but do i need to get a test now that the work was done? The work took all weekend and baseboards and drywall up to a certain height was all removed.
thx
If you just had remediation done, talk to that company and get them to come back and look at it. They probably missed something.
They told me they would give me a certificate letter not sure what that means. My property manager thought maybe we should have a 3 rd party now do a test but already spent 10k on remediation and they assured me they went through everything I will see if they can test a small area and show no signs of mold before i cut the final check to them. - Rental Property Investor · Redding, CA · Member since 2018 · 22 posts · 12 votes2y
The mold inspector & remediation company should provide you with a certificate of clearance.
- Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes2y
Get your own mold inspection. Offer to move them to another unit or allow them to break the lease if you don't have another unit. Do not offer a year free, and if there really is cladosporium and aspergillus why would they want to stay? Doesn't make sense.
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