Tenant Trying to Sue with bogus mold claims

Tenant Trying to Sue with bogus mold claims

Oak Brook, IL · Member since 2016 · 83 posts · 7 votes

Hello All, 


I had a tenant with notice to pay or quit.

Once he did that he texted us several times about he was going to sue us with mold issues.

Background Info:

1. We have an indoor pool (attached to the house but in a totally separate room)
2. There was surface mold in the attic only above the pool which was remediated and sealed in 2013 with a 10 year warranty - when we the owners purchased it and lived there.

3. Since then there were no mold issues since we looked after the pool and used ventilation and ensured no issues came up.

4. The tenant moves in in 2015.
5. Within a year there is surface mold in the bathroom (in the pool room) and we get this area remediated and sealed - we offer to release him from the lease on 2 occasions(once in Jan 2016 and also now) - but he refuses to leave

6. Now there is mold again (surface) (or so he claims) and now that he is been served with eviction for not paying the rent etc

7. He is threatening to sue me for mold that damaging his health but at the same time he will not leave!

We know for a fact he is trying to play this out as much as possible and get some money since we know its not in the main house and it was surface mold

Should I worry about this situation?

Thank you

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Property Manager · Saint Petersburg, FL · Member since 2016 · 113 posts · 87 votes
9y

No, don't worry,  be happy.  And sic your lawyer on him.

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  • Property Manager · Saint Petersburg, FL · Member since 2016 · 113 posts · 87 votes
    9y

    No, don't worry,  be happy.  And sic your lawyer on him.

  • Investor · Monroe, WI · Member since 2015 · 691 posts · 610 votes
    9y

    First of all, an indoor pool is a huge no no for a rental. I would have just sold the place and bought something less luxurious. You will absolutely get sued with a pool on the property. Eliminate liabilities. I'm surprised your insurance agent would even insure it with a pool being a rental, but I could be wrong.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    As long as you have all the receipts and documentation to support your claims I would simply move to evict this tenant if you have grounds otherwise wait to non renew his lease. Be nice to him and send along your lawyers name and suggest his lawyer contact your lawyer. That usually shuts them up.

    I would not be concerned about his threats and basically tell him to pound salt.

    I would also drain the pool and lock the building.

  • Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    thanks all, I have all documentation related and emails and texts from all the mold remeidation people I used. 

    The strangest is he wont leave and also wants to BUY (at a very cheap amount) - the mold isnt a worry for him there. 

  • Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    My plan is to sell, if it doesn't sell I will empty and demolish the pool in order to get rid of the headache. I purchased the property to live but then moved since I wanted to move out to Seattle. 

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