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Posts: 6
Reply with quote  #1 

Hello All, 

I had a tenant with notice to pay or quit. 

Once he did that he texted us several times about he was going to sue us with mold issues. 

Background Info: 

1. We have an indoor pool (attached to the house but in a totally separate room) 
2. There was surface mold in the attic only above the pool which was remediated and sealed in 2013 with a 10 year warranty - when we the owners purchased it and lived there. 

3. Since then there were no mold issues since we looked after the pool and used ventilation and ensured no issues came up. 

4. The tenant moves in in 2015. 
5. Within a year there is surface mold in the bathroom (in the pool room) and we get this area remediated and sealed - we offer to release him from the lease on 2 occasions(once in Jan 2016 and also now) - but he refuses to leave

6. Now there is mold again (surface) (or so he claims) and now that he is been served with eviction for not paying the rent etc 

7. He is threatening to sue me for mold that damaging his health but at the same time he will not leave! 

We know for a fact he is trying to play this out as much as possible and get some money since we know its not in the main house and it was surface mold 

Should I worry about this situation? 

Thank you 



Posts: 465
Reply with quote  #2 
Your best bet is to talk to an attorney. 

I would hope a judge would see through this as retaliation for the eviction, especially since he was given multiple (documented?) chances to leave the lease early. 

Did he send pictures of the mold, or just make claims? If he wants to stay and has concerns for his health, he should have pictures and be asking you to correct the problem, not wait until a pay or quit and then threaten a lawsuit.
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