Mold mitigation for SFR when tenant won't let you access the property (Calif)
Hello,
I am posting for a friend who has a SFR in CA (a tenant friendly state). The tenant claims there is mold in the house per some report from the City. They will not give friend a copy of the report and told friend to go to the city. The ducts/vents of the house were cleaned not to long ago and the tenant wont let the PM have more testing done or mitigation. What can be done if they are not cooperative? Friend may offer temporary housing at a hotel or another empty rental.
Document their noncooperation and wait to hear from the City. Are they still paying rent?
P.S. Only a lab test can determine if there is mold. So unless the city came, took samples, sent it to a lab and returned with the lab report this story is total BS.
The Code enforcement of the City sent a letter to say the tenant needs to vacate and the owner must reimburse for relocation fees in the amount of 2 months rent and the deposit. The tenant wants over 13K to cover stay at a hotel (that only has a small fridge), food for the family, moving costs and storage costs which is about 2x the amount the city expects. The tenant needs to prove that mold caused harm despite it being present -right?
#1 All Forums Contributor
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@Becky Wong Kaplan
Get your attorney and insurance company y involved
The renter should have renters insurance to cover this as well.
#4 General Landlording & Rental Properties Contributor
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#4 General Landlording & Rental Properties Contributor
- Rental Property Investor
- Los Angeles, CA
An attorney is the right way to go and get one IMMEDIATELY. Local laws are going to play a big part in this.
If there was a demand from the city for "relocation fees", that sounds like they are saying the unit is not habitable and they are removing the tenant / terminating the lease. If that is the case, you provide exactly what the city says and not a cent more. Tenant can want $13K. Tenant can also want a pony. Tenant will get what is legally required and not a cent more.
Once the unit is habitable, you can re-rent to whatever tenant you like.
Quote from @Becky Wong Kaplan:
The Code enforcement of the City sent a letter to say the tenant needs to vacate and the owner must reimburse for relocation fees in the amount of 2 months rent and the deposit. The tenant wants over 13K to cover stay at a hotel (that only has a small fridge), food for the family, moving costs and storage costs which is about 2x the amount the city expects. The tenant needs to prove that mold caused harm despite it being present -right?
I would file an appeal of the code decision. What proof is there that mold exists? Did the city take samples and send them off to a lab? Or is it just based on tenant reporting? Contact the code officer and get details - how did they come to their decision and how do you appeal?
If they have actually proved mold (highly unlikely) the next step is to carefully evaluate their report and see whether the tenants actions/inactions may be the source of the mold...
My Friend ended up paying the tenant back what the City required which was the deposit, 2 months rent, and the prorated rent. PM is still trying get the mold remediation done. We have yet to prove that there is even mold and even if it was severe enough to do remediation. My friend is relieved that the tenant is gone but it does not prevent them from trying to claim damage. My friend believes that the PM was not staying on top of the yearly inspections and the PM was happy just to pay the tenant with my friend's $$. The PM would rather not deal with problems. In the end my friend needs to manage the manager.
Mold remediation is addressing the moisture problem, paint over any discolored areas with Killz and put fresh paint in your color over the encapsulant. I would encourage your friend to get rid of this manager and perhaps the property. There are investments out there without these burdens.