Mold at same time as lease violation

[Jessie Huffey]

Hi All,

My parents tenants were having financial problems and paid their last months rent late. Then the tenants complained that there was probably toxic mold in the house and asked that it be inspected while they were away from the home over xmas break. The home was inspected and there was one area inside a laundry room wall where a toxic mold was found. At the same time my parents were investigating possible mold, they also discovered a lease violation because the renters were keeping 18 chickens on the property. Can my parents evict due to the lease violation? My parents do also plan to remidiate the mold issue but no longer want to deal with these particular tenants.

[Andrew B.]

They would have to give the tenants the opportunity to fix the issue, via a 5 day notice to cure or quit (or your local version).

I'm assuming your parent's concern is "retaliation" but I believe that would only apply if the tenants reported the house for a code violation or something similar.