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John Engelbrecht
  • Moreno Valley, CA
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Tenant claims mold problems after eviction proceedings started

John Engelbrecht
  • Moreno Valley, CA
Posted Feb 25 2015, 18:37

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.

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