[RPPTL LandTen] Mold Addendums

[Todd Allen]

Leonard,

The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold.  Landlord has had 2 certified mold inspectors out to evaluate the property.  Both inspectors concluded that there were no elevated levels of mold in the unit.  The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn’t much we have to work with.  The tenant is also spreading rumors that the house is full of mold.

The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant’s financing fell through.  I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it.

If the tenant is suffering physical pains as a result of “mold”, we don’t want her in the unit anymore.  We also don’t want to spend thousands of dollars chasing a non-existent mold issue.

Any ideas?

Todd B. Allen, Esq. | Attorney
Todd at LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

 

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com



On Feb 23, 2015, at 7:45 PM, Leonard Cabral <leonardcabral at lenslaw.com> wrote:

> Todd:
> First, who is complaining about the mold??  If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented.  If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting).  I also have my client do a mold test  which I would have a landlord do if they wanted to move a tenant out for mold.   If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument  that the mold addendum is against public policy by using HUD’s Quality Housing Standards.                                       
>  
> Leonard P. Cabral, Esq.
> Leonardcabral at lenslaw.com
>  
> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
> Sent: Monday, February 23, 2015 4:34 PM
> To: RPPTL Landlord Tenant Committee
> Subject: [RPPTL LandTen] Mold Addendums
>  
> Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)?  Interested in hearing if anyone thinks this violates public policy.
>  
> Todd B. Allen, Esq. | Attorney
> Todd at LindsayAllenLaw.com
> 
> 13180 Livingston Rd, Suite 201
> Naples, FL 34109
> 
> <image001.jpg> <image002.jpg>
> 
> [office]
> [mobile]
> [fax]
>  
> 239.593.7900
> 239.300.3506
> 239.593.7909
> www.LindsayAllenLaw.com
> <image003.jpg>
> 
>  
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten

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