Tenant may leave but mold inspection letter from city

Tenant may leave but mold inspection letter from city

Palmdale, CA · Member since 2013 · 62 posts · 4 votes

I have a tenant in Los Angeles in a rent controlled unit which was initially rented to a husband and wife. Wife recently notified saying he s moving out and terminating lease as she is dicorcing. The husband stayed back and has subleased/allowed his daugther and son in law and 2 kids to move in without my consent. He also called the city and we have a notice to change carpet and a mold test to be done for bathroom. 

However at the same time the cosignor has notified that she will get everyone out this month. I am confused on whether I should move forward and replace carpet and do the mold test or can hold off as they are leaving as per the co-signor. Is it legally required to address this issue before they move? The husband and other occupants dont want to leave as they have bad credit and are just trying to take advantage by calling city on us. They also do illegal activities from the premises we have heard from the neighbors. 

They paid rent this month after a lot of games  blaming COVID and sending us leters that they wont but the co-signor stepped in and got them to pay the rent to avoid and eviction/ruining her credit if this proceeds to eviction.

Are we legally binded to address the mold issue and old torn carpet which is due to a bull dog they have without our consent? 

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Contractor · Townsend, DE · Member since 2019 · 24 posts · 16 votes
6y

@Sam Abe I do not know if it is legally binding to address the mold issue because I live in another state on the east coast, but my advise is not to neglect the mold issue. You can hire an independent mold inspector to inspect the property and do the necessary testing. Please request from them a written mold inspection report and the mold testing lab report from a certified lab. These reports may save you a lot of money from the mold remediation, if such is necessary, and to protect you in case of a future court case. The mold is a healthcare issue and you need to prove that you have been concerned about your tenants' health, especially during the current pandemic. Good luck!

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  • Contractor · Townsend, DE · Member since 2019 · 24 posts · 16 votes
    6y

    @Sam Abe I do not know if it is legally binding to address the mold issue because I live in another state on the east coast, but my advise is not to neglect the mold issue. You can hire an independent mold inspector to inspect the property and do the necessary testing. Please request from them a written mold inspection report and the mold testing lab report from a certified lab. These reports may save you a lot of money from the mold remediation, if such is necessary, and to protect you in case of a future court case. The mold is a healthcare issue and you need to prove that you have been concerned about your tenants' health, especially during the current pandemic. Good luck!

  • Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    6y

    Have a heart to heart talk with wife that she needs to get them all to move out.  Hire a mold inspector and get the report done. Fix plumbing leaks ASAP. I would not replace the carpeting, can it be glued down until they get the dog and all the extra people out? If it is only carpet in a bathroom - glue down commercial  carpet squares (cheap but appears tidy in a photo) 

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Geez...actually you have two different things going on here.  First you have a lease violation (if your lease restricts sub-leasing).  Manage to your lease first.  Send a Notice To Quit to whoever is on the lease and let them know that they are in violation of the lease.  Give them 5 days (or whatever your state provides) to cure it (meaning the sublease is null and void and those folks can't be there).  With all this eviction moratorium stuff, you may have to act like you're plowing though even though you might not be able to.  Then notify the city that you fully intend to comply with their request but that you currently have unauthorized persons residing in the unit and that a Notice To Quit has been issued to the lease holders.

    Manage to the lease always and quickly...things can go real bad real fast when you don't.  Let the city know you're complying and ask for an extension to resolve the occupant issue.

    May the force be with you...

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