I have a tenant that fell behind in rent, after many promises to pay then ultimately no response I started the eviction process. After she received the 3 day notice she sends me an email stating all the problems with house and claims mold! She refused to let me enter the house even after proper 24 hour notice. With no visible signs of mold she calls a inspection company which does find hidden mold spores. She refuses to leave and threatens to sue. Good part is I have nearly two years of texts basically asking every month if she sent rent and neve any inclinations to problems with property. Speaking with the inspection company the growth is in areas that could have been the tenant being careless. ie: water from shower and bathtub. No roof or pipe leaks noted. My question is since she refuses to vacate will she have a legal leg to stand on in court? I ultimately want her out so I can do what needs to be done to remediate the mold problem. As of this writing she has probably received the Unlawful Detainer Action! Again no visible mold was noticed only spores through the air samples.
I had a tenant in a past SFR I owned state the same thing after I evicted her and we were in small claims court. It was classic when she stated this and then the judge asked her if she had anything from a Dr. that could substantiate this. She looked like a deer in the headlights with her reaction to his question, lol. You have the truth on your side, which is good. If it goes to small claims court, these judges usually can sniff out the liars. Just be diplomatic. If it goes that far and he doesn't ask the question, you should. In my opinion, she will have zero credibility with her false claim of mold.
PS...I won my small claims case and collected $3300.00 : )
Depends on your state law, I have family that have rentals in your state of California and not only did the tenant get to live in the property rent free for 9 months but to make it worse they had to pay their moving expenses. It was a horrible deal, the attorney suggested next time as soon as that word "mold" is spoken get a reputable company that does mold remediation and have them do an inspection. Then you file on them before they file a lawsuit against you.
This may be a one off scenario but I can tell you if they would have spent the money on an inspection it would have saved thousands of dollars. Then the tenant sued them in civil court and that is still going on.
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