Mold Complaint...

[Gunnar F.]

Hello all. I am unaware of any mold problems in my rental home. I cannot recall ever having conducted any inspection for mold (though I assume the house checked out adequately when I purchased it around 2002). My tenant just emailed me the following:

I plan to respond as follows for now, while I consult with my realtor about a trusted mold remediation company:

I have no problem paying for mold inspection/remediation and commissioning this activity promptly. I am concerned about the phrasing of the question in that it seeks "evidence." It sounds as if a lawyer in the background may be operating on a theory that landlords owe a duty to inspect for mold preemptively. Would appreciate any advice.

[Account Closed]

Hi Gunnar, I wouldn't expect a lawyer was involved, because a lawyer would probably tell them that most mold is not toxic, that they should just get out their bleach, and just ask you to have someone check it out.

I think you're right, that they may have some other agenda, like trying to get out of the lease.  I offered to let tenants go, if they weren't happy.  I'd respond something like this:

Dear Tenant,

Thank you for bringing your concerns to me about a possible mold problem in the unit.  I am happy to arrange for an inspection right away.  I do not allow tenants to hire their own vendors.  I'll get back to you asap with the inspection information.

I want you to know that I will deal with this right away, and also let you know that if you decide that you are not happy with the property, or that your concerns remain even after an inspection, that I will allow you to leave with just a 30 day notice to terminate.  I don't want you to feel trapped in a lease that you are unhappy with.

I'm enclosing an informational brochure about mold that was published by the City of Greenville, that you may find helpful, as well.

Sincerely,

You

I found a mold brochure put out by the City of Greenville online here:

http://www.ci.greenville.tx.us/DocumentCenter/Home...

I found a paper written by a TX lawyer on how landlords should handle mold complaints by tenants here:

http://docplayer.net/2317612-Hot-topic-1-the-landl...

He says you should contact your insurance company first.  And to treat the tenant's complaint seriously and take action right away.  He did also say that you could just clean up the mold, but may have to end up springing for an inspection anyway.

Basically, you want to look like a very responsive landlord, in case they decide to try to sue or bring the health department down on your head.

So, if you send them a letter like the one I wrote, it shows you're responsive, but doesn't let them take control and/or hire some friend or expensive company.  And telling them they can leave if they want to with 30 days notice, also gives the power to them to leave, just in case that's their real agenda.

And I'd go look at what they're responsible for, too.  An inspector should be able to walk around with both of you, and tell the tenant what they need to do, too.  

Good luck.  What a pain.