Mold Issue and Tenant Says Mold in Lungs as per Doctor report

General Landlording & Rental Properties
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Mold Issue and Tenant Says Mold in Lungs as per Doctor report

Gp G.
Investor · Atlanta · Member since 2019 · 576 posts · 96 votes

I have a roof leak. Then roof contractor removed broken skylight in the roof. I called my own mold remediation contractor who tested and remediated mold.  Tenant not trusting this work as he is out of home when this work is performed as he has some minor surgery. Tenant says to PM now that he got a doctor report which says he has mold in his lungs. PM trying to send his own mold inspector and remediation contractor to test again to see any mold and remediate accordingly if needed. Any further steps I have to take to resolve these issues soon without any challenges. Please advise

Regards

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Max Ferguson
Real Estate Broker · Denver/Castle Pines/Colorado Springs, CO · Member since 2021 · 248 posts · 136 votes
2y

Lawyer. 

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  • Max Ferguson
    Real Estate Broker · Denver/Castle Pines/Colorado Springs, CO · Member since 2021 · 248 posts · 136 votes
    2y

    Lawyer. 

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    2y
    Quote from @Gp G.:

    I have a roof leak. Then roof contractor removed broken skylight in the roof. I called my own mold remediation contractor who tested and remediated mold.  Tenant not trusting this work as he is out of home when this work is performed as he has some minor surgery. Tenant says to PM now that he got a doctor report which says he has mold in his lungs. PM trying to send his own mold inspector and remediation contractor to test again to see any mold and remediate accordingly if needed. Any further steps I have to take to resolve these issues soon without any challenges. Please advise

    Regards


     I would file a claim an insurance claim right away. You will probably have some sort of limit regarding mold/medical, but thee things can turn into a mess, trust me, I manage a lot of units and have done so for almost 30 years. 

    Make sure that you have all your notes, pictures, work orders reports etc...keeep copious notes, its one of the most important items. The PM should have dates and times that everything has been performed. 

    Not sure who can see mold in the lungs?? Tenants will try anything to get money. The sadest part about these frivilious law suits and/or claims is that the insurance comapnies almost always give them something, this is why they continue to do this

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  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y

    When it goes this far we usually order an air quality test. It costs about $700.

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  • Gp G.
    OP
    Investor · Atlanta · Member since 2019 · 576 posts · 96 votes
    2y

    Thank you for your detailed feedback. This is single family house but converted as duplex by previous owner. Rain water leak happened on one unit where these tenant issues happened. Should I ask PM to send his own mold inspector and remediation contractor to check other unit also which is not impacted just to be safe side. My mold contractor and remediation contractor checked other side and said all good there. He basically checked attic and inside units. Should I ask PM to check Crawlspace area also which was not checked by my mold contractor and remediation contractor? Please advise

    Regards,

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  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    2y

    Lawyer, have the air and unit inspected and IMMEDIATELY offer to let the tenant out of the lease with no penalty.... if its unsafe, then you are welcome to let them out to insure their safety.

    Its BS.... 99% sure the doctor ploy is BS and none of the medical records will support his claim

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

    @Gp G.   Find out what the renter wants.  He can have mold allergies or something like aspergillosis. If the later then there is no way to know if it came from your property. If he wants out of lease let him go.  Do the more extensive testing. 

    It could be a casual conversation with the dr that got blown out of proportion or a report that says it could be xy or z in his lung but you want to protect yourself just let him leave. If he mentions a CT he is probably not blowing smoke and you might want to talk to a lawyer if he is pursueing things. A lot of insurances exclude mold but I am not sure about liability. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Even if the tenant has a fungal infection in his lungs, there is no way to prove that it is from mold that came from your place. You have documentation that it was dealt with and tested.  Offer to let him out of the lease.  If there is mold, you need him out anyhow to deal with it.

    Edited  to add: any chance whatever caused the fungal infection was the result of the surgery?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    Mold issues are dramatically exaggerated. Your response is based on your skills and personality, but I wouldn't even think of hiring an attorney or panicking over this issue. It's a common complaint, and it's easy to deal with.

    1. I'm disappointed your PM is not leading the way. As a professional, I would inform the landlord of the issue and how I will handle it. You would be confident in my actions, and there would be no need to ask questions on BiggerPockets.

    2. Mold is literally everywhere, including the air outside. Your tenant is more likely to experience issues from something outdoors.

    3. It appears the issue was discovered and remediated quickly, so it's doubtful the tenant was exposed to anything in significant amounts or for long periods. Small amounts of mold in one area of the home for a short period of time are not going to kill anyone.

    I respond by giving tenants the EPA Mold Guide. I also have a one-page Mold Policy that explains how we will move forward if they insist mold is present or impacting their health. It starts with a visual inspection and confirmation/denial. If they insist mold is hidden and impacting their health, I will offer to have the home professionally tested. However, if the test returns negative for harmful mold, the tenant will be billed for the test. I will pay for the test and professional remediation if mold is found.

    Most tenants use mold as an excuse to break the lease. If mold is present, I let them break the lease and move out. However, I expect them to vacate in less than 14 days because they claim the rental is killing them. If there's no evidence of mold but they insist on moving out, they have to follow my policies regarding a lease break and pay the penalty.

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