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Seth M.
  • Investor
  • TN
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Tenant Mold Complaints Following Abatement - Advice please!

Seth M.
  • Investor
  • TN
Posted Feb 20 2018, 19:54

Hello BP community - I'm reaching out with a question following a series of events (some mold related) that has led to 3 of 4 college tenants in my SFR having their parents request release from their lease 3 months early due to perceived air quality concerns.

Background (University rental in MN - lease started Jun 17 with 4 college roommate - parents cosigned and pay rent):

- In Sep 17 we had a minor roof leak that was corrected immediately (flashing)after notification with only minor paint damage and no sign of mold (from the attic or interior wall). 

- In Nov 17 tenant's parents (these are college students) call my property manager to report a broken dryer and mold growth in the basement laundry room, a bedroom above the laundry room, and in the bathroom. As soon as notified the management company's maintenance crew is on site. They determine the mold is due to; (1) tenants causing crazy high humidity basement humidity by running the dryer without ever cleaning out the lint trap and (2) not cleaning the bathroom

- All mold is abated with bleach, a second dehumidifier is placed in the basement, carpets are lifted, trim is replaced, and we investigated behind walls. No sign of mold following November's abatement. 65% of their security deposit was used to cover a portion of this abatement because dryer negligence caused the issue.

- In Dec 17 there are no visible sign of mold but a mother calls the property manager requesting an air quality test because her son has respiratory problems. 

- Dec 17 we do the test and it reveals mild elevation (500-1500 ppm) of either Penicillium (laundry room, 1 bedroom) or Cladosporium (bathroom). Both non-toxic common varieties. All other rooms and mold types were non-detect or below outside air levels. This range is reportedly not reason for alarm within an enclosed living area if no visible mold present. We complied with all recommendations from testing company (check behind walls, under carpet, etc). 

- Jan 17 mother of same tenant tells us there is moisture in her sons bedroom following 2 weeks of -20 below temperatures. We investigate and determine insulation is inadequate in the corner of the room and tell them we'll reduce rent to open the wall and re-insulate (no mold present). Due to the series of complaints from the mother we decided to offer him a bedroom in a vacant 1 bedroom unit owned by the mgt company and forgive the remaining 3 months on the lease in order to access the wall insulation in his bedroom.

- Feb 17 parents of brothers in the unit call saying they need their kids out of the house due to bronchitis and a skin rash on one brother. When they told the dermatologist they had mold in their house the doc said to get them out. At this point I step in to talk with the father who informs me his kids are only sick at the house, but not when visiting home. I walked him through our abatement, test results, and professional opinion given by both the abatement company and testing company, but he's sure his kids are sick from the house. He adds they haven't really lived there in two months for more than a couple days because they feel sick there.

- Today we offer to terminate the lease for the remaining 3 tenants but we hold remainder of the security deposit. This is a non-starter for one parent because they shouldn't be charged anything to leave a house they deem unhealthy. They countered with wanting back the entire security deposit because they're not convinced the dryer issue was their kid's fault.

That's a lot to unpack, and was typed fast so I apologize for grammar. My take:

- I feel we've been very accommodating with our offer and treatment of all complaints considering tenants caused these issues due to the dryer lint trap in November. We truly have spared no expense.

- At this point I don't know what more we can do to address the perceived mold issue because we've complied with every recommendation from a licensed abatement company and testing agency. The house seems very habitable, to the extent I'd feel comfortable living there with my family, unfortunately the parents of 3 of 4 tenants disagree with this assessment.

- I am sympathetic to what I believe are real health concerns by the tenant's parents, but i can't figure out how they can be tied to the house based on the mold test results or visual inspections completed by the management company's maintenance team or abatement company.

- based on what I feel was an unreasonable counter I'm not sure how to frame my response to the tenants.

My questions for the BP community:

- Could I be missing something causing real health issues? I would spare no expense if I found a problem.

- Should I make a claim against the tenants for the remaining 3 months of rent because the only issue we've had with the house that resulted in any mold (after extensive inspection) was due to tenant dryer negligence (i.e. if there is an issue it's tenant caused)?

- Other advice or similar stories anyone would like to share. We've rented to college students for 5 years and this is the first real issue we've had in this market.

Thanks for reading and your input!

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