[WSBARP] Mold in Rental Unit

Richard Holland rich at pnwle.com
Tue Jun 16 14:46:53 PDT 2015


I could be wrong - it may have just been a Seattle ordinance - but I thought when the dreaded "mold" word was used a LL could force the tenant out much faster since it was a matter of health & safety.  You may have already calculated that in but I do recall using that approach as a "Oh, there's mold?  Then you must vacate immediately" for a LL about a decade ago.  I mean the tenant can't have it both ways, refuse to pay rent due to mold and then refuse to vacate despite the mold.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, June 16, 2015 11:33 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Mold in Rental Unit

I represent a LL where the T is arguing that mold/mildew in 900 sq. ft. house has caused T's daughter's respiratory illness and "contaminated" all of T's possessions in the unit.  T hasn't paid rent in 2 months and loudly demands that LL clean up unit and clean/replace all of T's possessions ("or I'll see you in court.  My ex-husband is very very rich").  There were black spots when the T pulled up the rugs  (mold/animal urine?).  LL has evidence and proof that T was a chain smoker, had multiple long haired animals in the house (and urinating in the house) AND T constantly had blankets and quilts hung over the windows of the house.  In other words, the house was kept closed up tight (on wet Whidbey Island) with multiple people living there and taking showers.

LL wants them out and gone but needs to be in the best position if T can make good on T's promise to sue.   T refuses to remove anything from the house because T demands that LL clean/replace everything.   It is a month-to-month lease.  LL has already taken multiple photographs and video of inside condition of house and heard from neighbors about the stench of cigarette smoke coming from the house.  Since LL has time before the deadline for a combined 3, 10, and 20 day notice, I plan to send to T a letter giving T the chance to move out of the house and remove all of T's possessions.   Any suggestions before I bring the standard unlawful detainer action?
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