I have a tenant that moved in few months ago. We fully remodeled her unit and she called me to inform that her shower is leaking and mold is growing on the wall. Contractor went out and caulked the door instructed her not to use it for 24 hrs and of course she did. Problem came back we fixed it again told her to not shower and she did. She emailed me again last night that there is "mold" looks like mildew though, and there is a bit of water coming again. Can I break her year lease? We might need to get in there and take that whole shower apart. It's a 5 day job. If she can't wait for caulk to dry for 24 hrs she won't be able to have no shower for 5 days. Also her boyfriend called and threatened me with a lawsuit that I haven't been able to solve that problem and I had my fair amount of time to do it. Any advice appreciated. Thank you
@Nelya Calev my quick opinion is it might be worth the $500 it would cost to put them up in a hotel for 5 days to allow you to correct the bathroom issue. Not sure about the laws in your area, but you probably can not remove access to their only shower for that length of time without making alternate arrangements.
This money would save you from trying to get them out and then making the unit ready for the next tenants which will be much more expensive.
That's annoying. I think @Dave Savage has a good solution. Total PITA, but probably worth it to fix the problem and save the future headache.
Her boyfriend just showed up and told my contractor that she is building a case to sue me. We have fixed the problem she told me on Friday that she is very happy, but still being pain in the butt over not sure what. He mentioned that she wants to be out of the lease. I called her and said that your boyfriend just called and mentioned all this and said that you want out of the lease. If that is the case let me know and I will be ok to terminate it for you. She said I don't want to sue anyone I just want it fixed etc.. Even though it has been fixed. Not sure what else to do here.
@Nelya Calev On what grounds would they sue? You have documents showing that you tried fixing it, so they can't sue for negligence, which is what it sounds like they are wanting to do. It seems like baseless threats in my opinion.
Check with the laws in your state about removing them from the house and putting them up in a hotel. I know in D.C. there is a law that allows the landlord to remove tenants from the property when the property is in need of a significant repair, but I don't know all the details and exactly what it entails.
Just continue not to take it personal. You have proof it's been fixed 2-3 times but she keeps using the shower too early. Maybe if you can, try to have all conversations in writing...or follow up in writing. Then it's on paper and no "he said, she said".
I wouldn't worry about getting sued. As long as you keep your documentation and are using a licensed contractor you will be ok.
I agree with the other posters. Put something in writing that you will put them up in a hotel for 5 days until the problem is fixed.
Maybe she won't renew with you when the term is up.
I wouldn't be as nice as everyone else. I'd charge her for making the contractor come back 2 times.
I think there is more to this though. No caulk doesn't cause mold that fast. What kind of shower is this tile or surround? Wheres the mold at? Either there is another issue the contractor is not seeing, he messed up to begin with and doesn't want to tell you or this tenant is crazy. Is there any drywall thats actually soaked? I'd tell her she can have out of the lease or pound sand. .01% chance she'll actually sue .0001% she'd win if she does good luck.
It's mildew and not mold, we had it looked at. She just needs to get off her rear and clean it. It's a cinderblock building. Unit right next to her doesn't have ANY issues. Spoke to him today and he was as happy as can be. I spoke to complaining tenant and gave her an option to break her lease if that's what she was looking for. She got scared and said where will I go? I like this complex I just don't like my neighbor across from me, and I don't want him anywhere near my place. Well sh$t that's not my problem. Glad I narrowed that down.
Join the Largest Real Estate Investing Community
Basic membership is free, forever.