All Forum Posts by: Taz Patel

Originally posted by @Kimberly H.:

That's pretty brazen for that mold inspector to suggest that someone is going to send a copy of the mold report to the next owner or tenant.  And what is bizarre is they won't send the report to you, but will send it to the next person living there? Makes me wonder if the mold inspector is in cahoots with the daughter in some bizarro extortion attempt.

I think the advise of the lawyer you called makes sense.  When you see the tenant Friday with the check, you may want to tell her regardless of what happens that you are not renewing her in November, and that she can either move now with an additional $850, or move at lease end without it.

*I am not a lawyer, this is not legal advise*

 It certainly seems like some sort of extortion attempt . Inspector has not said that he would send the copy but trying to imply that 'someone' 'might' send the report to new tenants and that would get me into trouble. 

Once this Tenants is out and the repairs are done . I will certainly get an inspection done to 'clear' the place to make sure its is good for future tenants. I don't see the need to do one right now unless the tenants are not moving and I need to start preparing for a legal defense. 

When I meet the lady on Friday I want to come across as firm but not abusive. It should be very apparent to her that I am not renewing her lease anymore. She had a decent property and a low rent. Her friends lived here for 4 years and I would have gladly continued her until this happened. That's what you get when you cut your golden goose . 

Originally posted by @Carol Pollard:

I had an issue like this in NJ. Yes I got an attorney but once they seen the pictures of how they kept the property and I had my own mold remediation company come in to check it; who also moved into that same property as my tenant after them. They have to prove health issues are related to mold. Have to determine if the mold in the house is bad mold or normal mold. I would get an inspection done. Tell them you are not renewing their lease by giving them written notice from your attorney. Find attorneys that deal with real estate and/or law suits for advice. Ours felt with insurance companies and medical fraud in NJ. Hope that helps.

Thanks for sharing your experience.

This is exactly how my Attorney put this too. There is an entire industry trying to prey on peoples fears. I don't have my own insurance, which is completely my fault. I used to carry the insurance but the premium was $500/year. After not claiming any benefits for couple of years , I dropped it thinking that I would 'insure' my self before this happened. This is a condo so they have common insurance. 

I have a lease addendum that states that Owner recommends that Tenants  carry Renter's insurance and I will not be liable. They of course waived carrying any insurance

My Attorney is ready to start representing me but says that getting him involved could ruffle the tenants even more. His free advice was for me to first try nicely on Friday. I think the mold inspector and the tenants daughter might have raised hope of this lady for some huge payback. Sadly that's the sue happy society we live in. 

If things go south then that's were I will end up with and I will make sure this lady does not get any of my hard earned money.

I spoke to my local attorney, very nice guy that gave me some piece of mind. His advice is to offer this lady one months rent as bonus to move . Said take a check with you when you see her on Friday. Litigation he said would be expensive and you are not sure what the outcome will be based how the case goes . Its minimum a $1500 cost to start a case like this . The system is rigged against landlords and especially you have an older tenant that is sure to get sympathy over someone like you. Instead $850 is cheaper and will end this quicker. Offer her $850 now and her complete deposit while she is moving out . See if she bites . One thing is for sure , he says don't waste any time trying to repair because they will never be satisfied and would only delay her moving out. The more time she stays the more she can claim. It's not safe for me to have her as a tenant for her own health and my financial liability. My first priority should be to get this lady to move out and then think about the next steps on what to do with this unit. He advised against any notices and said it would only make her more hostile . Instead play nice until you know for sure she is digging her heels and trying to litigate against you. Don't start it first. The mold inspector may just being a smart *** , and maybe this lady is better than that and the money is going to calm her down a bit.

I spoke again to the Mold inspector today morning to find out why would he recommend gutting the entire kitchen cabinets when we spoke yesterday Couple of things he said raise an alarm to me : 1) He implied that even if I get this lady to move out the mold report will stay on record permanently. If I try to sell this property or to rent it in future . Someone could mail future residents the report copy (i.e. He was giving me an implied threat ) then they would sue for damages If I try to remediate the issues without professional mold contractors then the mold spores would spread out and impact the tenants health.

Originally posted by @Benjamin Pekarek:

Taz,

As they're being sue happy, I would not use your handyman for the repairs. However, in the state of Florida, a licensed contractor is able to remediate 60 sq. ft. of mold per day without a permit. I would go that route sooner than hiring a mold remediation company. The sooner this joker is out of your unit, the happier I'd be. If it were my rental, and they were looking for a fight, I'd issue a seven day non cureable notice for neglect of my property (A/C filter, etc.), and refuse payment. At that point, their lease is terminated, if they don't vacate, you can begin eviction proceedings.

-Ben

 I am going there on Friday with my Handyman to access Kitchen Faucet leak.

Both me and him missed it during my visit because tenants never mentioned it. I kept asking them do you see any leaks and they would respond no ...." But its inside the walls "

Not sure what to put in the seven day non-curable notice:

1) I gave her an Air filter , so that was resolved .

2) The Kitchen Faucet leak I have yet to see . But since its already on the Mold Inspectors report based on my call with inspector not sure if I can use that now

I read online that you need to be very specific on the 7 day notice . O

Tenant still has not submitted anything in writing and my fear is the 7 day notice will make them even more hostile. Once I start  the 7 day notice things would escalate from there. The lady is very adamant about staying because its a very good rent deal I have and she knows that getting some other place at this rent will be though.

At this point I am trying to 'work' with them. Will offer them some money to leave. 

Originally posted by @Greg Grant:

As a bonus to get her out, maybe offer to pay for a moving company to move her belongings for her (within a certain area, not cross country).  

On the slim chance of them being legit (even though they aren't acting that way by refusing access to you), perhaps that would help motivate them to get out.

 Yeah, that's a good idea because she keep telling that moving is a lot of trouble. Better pay her than her mold inspector and company to tear down things within the Condo.

Originally posted by @Account Closed:

Send here a notice to enter the property for examination together with your mold examiner and see to it if the inhabitants mold examiner is coming clean. What's more, on the off chance that you discovered that they are lying then I recommend you to have a lawyer and apply for removal of occupants. Also, you have all the rights to know the actual mold results. 

 I do believe that there must be a leak under the Kitchen faucet. Its very normal and does happen. What gets me mad is that Tenants waited for this long to make it this worst and now want professional mold remediation. A small issue like this should have be handled promptly . 

The mold inspector said I need to tear down the kitchen because Mold spores are everywhere now.

Thanks for the replies . It's encouraging to read these since normally everywhere else online people seem to take sides with a "poor old lady tenant " without a context. I am trying not to exploit anyone and have offered her a written letter out of the lease immediately and will return all her deposit without any damages. Just not comfortable with courts and litigation over a $850 rent unless it's forced on me . Rather have an empty unit , honestly. I have sent her this certified letter : ********************** Sub: Mold concern at the property Greetings xxxxxx, This is in reference to the “mold smell” you have recently reported at my property There are no established guidelines for unacceptable air quality caused by mold. Mold is a naturally occurring phenomenon. Housekeeping and living habits are an integral part of the ability of mold to grow. In order for mold to grow, water and/or moisture must be present. A visual inspection done by my Handyman on 21st July 2016 and then again myself on July 25th 2016 did not show any visible signs of leaks or moisture. --- (your daughter) was with me during my walk though and we both saw no signs of mold that day. An AC technician was called on July 31st. He did not find any signs of mold growing within the AC unit. I have the pictures that I can share with you. Please note that changing the AC filter and cleaning the AC air intake closet should be done once every 30 days as part of routine maintenance. The Air filter on the AC had not been changed since you first moved in (Dec 2015) and the new replacement you bought was not the right size. A carbon glass filter does not clean the air. I have delivered to you a correct size air Filter and a new HEPA Air purifying machine on July 31st 2016. The new AC filter I bought will help keep the AC running efficiently and also since its certified FPR 10 it will also help clean the air of any odors. Please note that correct size for your air filter is 20 * 25 *1 and this is available at any local Home Depot for $20 per filter when buying the future replacement. You mentioned a Mold inspection was done a couple of days ago. If you can share the report with me I would be happy to see what the recommendations were and then address any open items. I believe the AC service and Filters would have resolved the odor in the unit. To speed up the process I bought you the new HEPA air filtration system too. Please leave the AC and the air filter running 24/7 to keep the condo air well filtered. If the AC service and Filters has not resolved this issue to your satisfaction and you continue to have any health concerns at this time, Owner recommends that the tenants move out immediately and allow the owners to remediate the situation. Your current lease expires 31st November 2016. Owner is giving you the option to terminate our leaseearly with no penalties of breaking the lease agreement. If you do continue to stay, you agree to indemnify and hold harmless Owner and Owner’s management agents from any suits, actions, claims, losses, damages, and expenses (including reasonable attorney’s and court costs) and any liability whatsoever that Owner and/or its management agents may sustain or incur as a result of tenant’s failure to move out and continued use of the premises. Let me know if there is any other thing I can do to address your concerns. Please review the attached ********************** My wife suggest that I take her and the kids along with me to meet this lady at the condo. Maybe seeing my wife and kids she will have some compassion. I have been trying to contact her by phone to arrange for our meeting . She will not answer our phone calls now and only response is by text like "I am Okay" or " I am in church can't talk" , " Talk to daughter " etc . For now the daughter says that Mom can meet us on Friday so I am getting some appointments with the handyman etc . Question: The Mold inspector said yesterday that there is some mold under the sink due to a leaking faucet. ONLY a certifiedMold company can perform the repairs . I have no insurance so that would be very expensive. My Handyman says that he fixes a leaking sink with some mold damage all the time and replacing a base board is easy and should not be expensive. Cleaning the affected area and spraying it should be enough. Will it be a liability issue if I use my own handyman vs a mold company ?

What's a reasonable costs to hire an attorney for this matter ? Have never hired one , sorry it's a newbie question

I have owned the property since 5 years . Had the same tenants for 4 years . Never any issues When they moved they said their Aunt was looking to rent and likes my condo and would be a good fit . I rented to her for $850 and have a lease that says first $400 on repairs is tenants responsibility. Also have an addendum that states that she should buy renters insurance and I am not liable . Not sure how well all this holds in court. This tenant moved in last December 2015. Her lease is up in November 2016. I use erentpayment so she is current on her rent . Never late . I have been wanting to rehab the place and was waiting for her to move so I can put in some improvements and easily rent this for $1100. Her daughter has been asking for new carpets , washer , dryer etc . The lady keeps saying she does not want to move even though I have sent her a certified mail yesterday to move out of she has any health concerns. She has been to the doctor today and waiting for test reports . They have been refusing my phone calls and attempts to meet me at the condo. The Mold inspector told me about the possible court suing and their possible court action. They won't share the report but the inspector says he is recommended that all the kitchen counters are gutted and rebuild the cabinets Bathroom vanities need to be redone etc. The AC closet needs to be broken and rebuilt . All carpets are contaminated and they need to be changed and condo painted While all the work is done I should put her up at my costs in a hotel somewhere . At the end of all this he says it's just cheaper to buy them out . He is suggesting I offer a cash settlement and be done etc At this point I think they are waiting to see how best to exploit the situation. I can't evict her and she is using the mold report to get a cash settlement or huge upgrade with the cheap rent .