Tenant keeps harping about mold

Tenant keeps harping about mold

Member since 2020 · 87 posts · 22 votes

I rent rooms in a house. I have been managing this one property where everything has been going well and housemates have been happy and even renewing their lease for the past couple of years with no complaints. Now, I have this one new tenant who has been complaining about small issues here and there that have been resolved within a day of two. Then she brought about an issue saying that the bathroom has black mold. We tested it was not black mold and there were light spots with the lack of using the ventilation. That was cleaned up. Now again I have received the following note;

"Thank you for taking care of the mold in the bathroom. I was having a lot of trouble with my P.O.T.S. Syndrome and my breathing and was concerned it was from the mold. I did a take home mold test and found more mold in the kitchen and the vent in the foyer. My mom is concerned and said she can hire a professional company to do more tests if necessary. Let me know what we can do about it."

There is no mold that I can see. However, I am willing to let this tenant go as this appears to be a nuisance. The girl is 18 years old and has a helicopter mom. I know I'll have a vacant place for quite sometime as it is difficult to find people to rent these rooms during this time of the year. 

I am just seeking your advice on how to handle this and not let them feel that I have buckled. I am not even sure if she wants to leave. I just don't understand where this is heading.

Thank you in advance for any advise in this matter.

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Adam BartomeoBusiness Member
Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
2y

Whenever we have a tenant like this, we immediately give them the option to break the lease without penalty. Whether they are right or wrong about the mold they will not stop and will continue to give your grief. 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    2y

    Saying "there is mold" is like saying "there is pollen" or "there is dust".  Mold can be found pretty much anywhere there is water and organic material.  This means EVERY house, home, hovel, apartment, and dorm has mold.

    Frankly, I would be very generous about letting them out of their lease so they can go find a mold-free place to live.

  • Member since 2020 · 87 posts · 22 votes
    2y

    Greg, your response and analogy to pollen is spot on. There are spores I the environment all around us. I am just not experienced enough to tell what typically happens if a professional mold company tests and finds mold unbeknownst to me. I can't see any mold anywhere in the house. I am just concerned what the limits of my liability if any would be. Ofcourse I cannot assure a sterile environment. There are 2 other individuals living there who have never complained of anything like this. But of course if something is found they may band together. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    I would tell her the home isn't meeting her standards, so she should pack up and leave. Maybe she can find a hermetically sealed bubble to live in. If she decides to stay, she can test for mold at her own expense. If she finds mold, she can give notice and vacate.

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  • Property Manager · Tacoma, WA · Member since 2024 · 60 posts · 39 votes
    2y

    I had something similar in a property.

    Tenant thought there was mold in the ceiling. Didn't want it to be a health hazard.

    Owner had the house checked out prior because they had the same concern actually. Didn't have any mold. Was previous water damage (looked ugly).

    Tenant was adamant.

    Gave tenant number to mold inspector. Mold inspector said there was nothing in the house beyond tolerable levels. Specifically at the spot in question too.

    Recommendation:

    1) Have them send pictures of the mold. Send this to an inspector near you, smaller company-type. They usually can tell you over the phone if this is an issue. (Once I had a tenant claim mold was in the oven, I went over there...was just residue from where my folks cleaned it).

    2) Have tenants hire a professional. Comes up negative? Their expense. Comes up positive? Your expense. Why? You had it professionally cleaned prior and have remedied all obvious forms of mold. No previous tenants or current tenants complain of the mold issue or have any side effects of the mold. If/when it comes up within tolerable levels for humans, it's on them now.

    3) If it comes up positive for dangerous mold: now you have a health hazard that would have gotten worse over time. Good. You can solve it earlier now.

    Considerations:

    I am not a lawyer. But reasonable accommodation is a thing in PM. If they have POTS Syndrome and want reasonable accommodation to ensure they are not affected (I don't know... is that even a thing?), then the cost is on them to outfit the property. I'm just riffing here and trying to think of all solutions or considerations to this.
  • Member since 2020 · 87 posts · 22 votes
    2y

    Kevin,  Thank you so much for clarifying and sharing your experience. What a thorough and actionable reply. I will do the things exactly as you mentioned. I just hope it doesn't come up positive for any dangerous mold. She claims she did some mold test herself - but god alone knows if it is true.

    She did complete a move-in sheet 2 months ago when she moved in and there was no mention of any mold or anything on it. She mostly marked everything as clean! 

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y

    Whenever we have a tenant like this, we immediately give them the option to break the lease without penalty. Whether they are right or wrong about the mold they will not stop and will continue to give your grief. 

  • Member since 2020 · 87 posts · 22 votes
    1y
    Quote from @Adam Bartomeo:

    Whenever we have a tenant like this, we immediately give them the option to break the lease without penalty. Whether they are right or wrong about the mold they will not stop and will continue to give your grief. 

    Adam, I do agree that it is prudent to get them out quick. I have asked her for photos if the areas where she alleges mold. It’s been 3 days and no response so far. 
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y
    Quote from @Carlos Lez:
    Quote from @Adam Bartomeo:

    Whenever we have a tenant like this, we immediately give them the option to break the lease without penalty. Whether they are right or wrong about the mold they will not stop and will continue to give your grief. 

    Adam, I do agree that it is prudent to get them out quick. I have asked her for photos if the areas where she alleges mold. It’s been 3 days and no response so far. 
    If it is an issue and you do not act in a timely manner AND there is some sort of legal action, then the courts will not look favorably on your response time.

     We give them the option to move out for several reasons: 

    - if it is truly an issue and they stay the burden of liability shifts to them, you still have to fix it.

    - if they stay and it is not an issue then they will still think that it is. Even if it is remediated they will always think and tell you that it is an issue

    - ultimately, we want our tenants to be happy and we have found that these types of tenants never are happy.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    I'd simply reply and tell her that she's clearly not happy there and would be better off finding a new place to live.  Let her know she can get out of the lease without penalty, but she needs to decide if she's staying or going by the end of next week and let you know either way.  And she's still responsible for rent until she moves and needs to be out by Nov 30 at the latest.

  • Member since 2020 · 87 posts · 22 votes
    1y
    Quote from @Theresa Harris:

    I'd simply reply and tell her that she's clearly not happy there and would be better off finding a new place to live.  Let her know she can get out of the lease without penalty, but she needs to decide if she's staying or going by the end of next week and let you know either way.  And she's still responsible for rent until she moves and needs to be out by Nov 30 at the latest.

    My lease says that they lose their deposit if they break their lease.Do you recommend we keep the deposit or should I let it go? 

    we certainly don’t want them to think that we are intimidated and are therefore letting them out of the lease lest they come after us for more.

    any help in wording this the correct way will be much appreciated.


  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y
    Quote from @Carlos Lez:
    Quote from @Theresa Harris:

    I'd simply reply and tell her that she's clearly not happy there and would be better off finding a new place to live.  Let her know she can get out of the lease without penalty, but she needs to decide if she's staying or going by the end of next week and let you know either way.  And she's still responsible for rent until she moves and needs to be out by Nov 30 at the latest.

    My lease says that they lose their deposit if they break their lease.Do you recommend we keep the deposit or should I let it go? 

    we certainly don’t want them to think that we are intimidated and are therefore letting them out of the lease lest they come after us for more.

    any help in wording this the correct way will be much appreciated.



     She's trouble, so this is where I'd waive the penalty IF she leaves the place in good condition.  If the room is a mess when she leaves or she's not paid part of her rent, then remove that as you normally would from the deposit and return the rest to her.  The goal is to get her out now.

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