[RPPTL LandTen] Mold Addendums

[Leonard Cabral]

Todd:
The problem with mold is "where was the tenant exposed to the mold?".  There isn't  a (credible) doctor out there anywhere who can testify that the condition(s) the tenant is suffering is directly related to the mold in the house (unless in the very rare case it is).  The exposure could be from work, the grocery store, daycare, etc.  Since the landlord has 2 certified mold inspectors (who I assume will testify) and the tenant doesn't have any mold testing results, I agree with Harry, they don't pay they get evicted.  BUT I think your problem is that the tenant is paying rent demanding remediation or a reduced price on the house.  Can't remediate what's not there.  For all you know her symptoms could be from menopause  (If you watched the Apprentice you should get a chuckle from that line), or an undiagnosed illness.  If her lease is up, evict without cause.  If you evict her for unsafe mold in the house the tenant will use your mold inspectors against you.  What is the solution?  If she qualifies for a lesser mortgage amount, could the owner hold a second? Can you pay her to move out?  Where I come from the landlord would just start a fire (only because he doesn't know how to start a flood) :)  I  think I would start by sending a letter stating that the landlord has two mold inspections that state there are no elevated levels of mold and unless she has a rebutting inspection the landlord is considering suing her for slander for diminution of the value of the house.

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: Tuesday, February 24, 2015 9:43 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

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<mailto:Todd at LindsayAllenLaw.com>

13180 Livingston Rd, Suite 201
Naples, FL 34109
[cid:image001.jpg at 01D050F2.0992D5B0]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image002.jpg at 01D050F2.0992D5B0] <https://www.linkedin.com/in/attorneytoddallen>
<https://www.linkedin.com/in/attorneytoddallen>

[office]
[mobile]
[fax]


239.593.7900
239.300.3506
239.593.7909


www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/>
[cid:image003.jpg at 01D050F2.0992D5B0]<http://www.www.lindsayallenlaw.com/>


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

From: landten-bounces at lists.flabarrpptl.org<mailto: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<mailto:Todd at LindsayAllenLaw.com>

13180 Livingston Rd, Suite 201
Naples, FL 34109
<image001.jpg><https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> <image002.jpg><https://www.linkedin.com/in/attorneytoddallen>
<https://www.linkedin.com/in/attorneytoddallen>

[office]
[mobile]
[fax]


239.593.7900
239.300.3506
239.593.7909


www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/>
<image003.jpg><http://www.www.lindsayallenlaw.com/>


_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150225/6870f281/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 1968 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150225/6870f281/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2077 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150225/6870f281/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4165 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150225/6870f281/image003-0001.jpg>