Mold in rental property, do I charge my tenant?

[Anne Whalen]

Hi everyone, I have a property management question. I have a self-managed rental property in San Jose that recently turned over. After the tenants moved out, we noticed pretty extensive mold on both sides of the sliding glass door--wall and baseboard as well as the blinds and spots on the glass and frame. We got a water damage company to clean up and a handyman to come in to replace and refinish. Total cost is about $2k. My question is, do I charge the previous tenant for the work and take it out of their deposit? I've owned the condo for 12 years (since it was built) and never had this issue with previous tenants. My contract indicates that everything should be in the shape it was when the tenants moved in minus normal wear and tear. I don't think this qualifies under normal wear and tear? Thanks in advance for your advise.

[Marcia Maynard]

My advice is to educate all tenants about mold and moisture in the home, how to prevent such and how to cure. Start off all tenancies by giving tenants the EPA booklet "A Brief Guide to Mold, Moisture and Your Home." At the beginning of a tenancy, have the tenants sign a document acknowledges there are no known mold or moisture hazards in the home and that they have received the EPA booklet. This document will become key to your defense in case a tenant later makes a claim against you.

In your situation, you are making a claim against them, so make sure you have documentation that shows the original condition of the property. Also, try to find the root cause of the mold/moisture problem. If it was caused by something the tenant did or failed to do, it's on them. If it was caused by something you (the landlord) did or failed to do, its on you.