Mold in rental property, do I charge my tenant?

Mold in rental property, do I charge my tenant?

Rental Property Investor · Santa Clara, CA · Member since 2017 · 59 posts · 12 votes
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.
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Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
9y

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.

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  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    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.

  • Rental Property Investor · Santa Clara, CA · Member since 2017 · 59 posts · 12 votes
    9y
    @marcia thank you for the advise! My vendors and insurance claims adjuster can not find the source of the moisture. But can only tell me that moisture was around for a while in order to get to that state. Someone suggested it may have been from a humidifier or the heavier rains we got last season. There is no way to know for sure. I don't think I have pictures of the sliding glass door before this tenant moved in. Sounds like without the documentation from before, I don't really have anything to back up my charge to the tenants?
  • Real Estate Agent · Clinton Township, MI · Member since 2017 · 4 posts · 2 votes
    9y

    @Anne Whalen I don't think you can charge them.  More importantly, I would not.  They may claim that the mold was negligent on your part as the landlord to adequately maintain the property from moisture coming in.  Worse off they could say it harmed their health and was hazardous.  I have seen tenants go after landlords for mold issues so it does happen. 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    regular inspections while a tenant is living in a property will help reveal this type of issue.. but I'd still double check attic , downspouts and roof venting.

    you don't want a repeat. 

    Plants, fish tanks, are a big headache. and cause undue moisture issues

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    I agree with @Deanna McCormick. Also, if this sliding glass door was off the kitchen, it may point to excessive moisture build up from cooking, especially if they weren't using the range hood fan.

    Make sure the unit has adequate ventilation and the range hood fan and bathroom fan both duct to the outside. If the unit has good air flow, such as you would find with a forced air HVAC system, it will lessen the chance of moisture build up.

    If the tenant had blocked the sliding glass door and surrounding area with excessive furniture, boxes, or clutter, then that could lead to moisture getting trapped. Windows will develop condensation when the outside air temperature and indoor air temperatures differ, unless they have good airflow around them. Make it a point in your property rules to have tenants maintain proper egress, clean the home regularly, use the ventilation devices appropriately, and report to you in a timely manner any mold or moisture problems.

    Here is a clause from our rental agreement that covers this....

    MAINTENANCE OF PREMISES.Landlord will maintain all electrical, plumbing, heating, and other facilities and appliances supplied by Landlord in good working order.Landlord will perform periodic inspections of the premises, no less than once a year, for the purpose of property maintenance and repair.Landlord will notify Tenant in advance of the inspection. Tenant agrees to allow Landlord timely access to premises to do maintenance and repair.Tenant will notify Landlord in a timely manner of any damages or problems as they arise, including damages caused by Tenant, malfunction of appliances or fixtures, and water/moisture leaks and spots.Tenant will take care of the premises, keeping them clean and clear of debris. Tenant will use appliances and fixtures in accordance with manufacturer instructions.

  • Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
    9y

    It's going to take more of your time and resources than the 2k to prove they did this. Even then I highly doubt you'd be able to recover because you have no "proof" it wasn't already damaged by previous tenants. 

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