Tenant Does not want to allow me to do mold repairs , advice?

7 Replies

Hey BP!

An update from an earlier post. But for those just joining, long story short...

Tenant puts a work order in for leaking sink Dec. 13th, 2018 PM takes a few weeks just to get it done, (PM had informed me it was being taken care of sooner than that though) Jan 17th, I have PM do a visual inspection due to tenant reporting mold. As soon as I find out about the mold I have a some restoration companies go out and get me an estimate and repair. Filed it on my insurance, because just the tear out is about $3500, I don't even have the estimate from the GC to build it all back. so it's a $2400 dollar deductible and tenant is wanting to move out March or April when her lease is up September this year. So issue number 1, can I take this to civil court to get my deductible back and lost rents from the PM?

Now on the tenant, I have got an estimate from mold mitigation company, a go ahead from my adjuster to start repairs this Friday but the tenant is refusing to go to a hotel while repairs are being done unless its an emergency. I am trying to be civil about this matter but tenant is threatening going legal because of the Pm taking awhile to remedy the repairs and the mold. Coincidentally enough, her daughter is sick, while tenant states daughter has been sick awhile, I feel like if the tenant could use that against me.  Should i just allow the tenant out of her lease and take this up with the property manger?

Any advice helps please!! This situation sucks!!

The work must be done. Go ahead with the work as scheduled and let her decide what she is going to do. Legally she can not prevent you from entering with a contractor to do the work when you want. 

You should not "let" her leave you should demand that she leave....good riddance.  

Hire your lawyer to advise on what action to be taken with the PM.

Hi Christian,

This solution might be finding out why she doesn't want to stay in a motel? Lack of closeness to her shopping? Can't afford to eat out? Can't get her daughter to school. (It could be something as simple as no one to feed her outdoor cats.)

She must have some reason that's important to her.

Maybe find out the (Why) and try to solve that if possible. 

For instance a McDonald's gift card to cover three meals a day might be less hassle and less money than an attorney.

Plus if you pre-specify the motel and tell her what and where it is with a website link to it, she may feel more comfortable staying there.

Just some thoughts on this.

Good Luck!

The law requires you to give proper notice of intent to enter. It does not require tenant permission and it does not require the tenant to be present. If she attempts to stop the work, start the eviction process. You have to repair the home before it's further damaged.