[WSBARP] Mold in Rental Unit

[Rob Rowley]

The only time I had to bring in the industrial hygienist was when I
actually had litigation and the tenant had an attorney.  Would not
typically need one for the garden-variety mold equals no rent defense.



It's something to keep in the your toolbox so that when the defense does
appear because they got their handy-dandy Home Depot test results back that
you can pushback as to the unreliability of those types of tests.





Please note that effective May 15, 2015, my new address is 7 South Howard
St., Suite 218, Spokane, WA 99201.  All other contact information remains
the same.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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*From:* Oscar Yang, Esq. [mailto:oscar.yang at esberrylaw.com]
*Sent:* Wednesday, June 17, 2015 7:49 AM
*To:* rob at rowleylegal.com
*Subject:* Re: [WSBARP] Mold in Rental Unit



Hello Rob--



I agree to your answer-- I have met so many tenants who use molds as
excuses for getting anything they want from the landlords, but the court's
response seems quite lukewarm at most when the tenants are 2-3 months
behind their rents (Hint: it is not the first time that the court sees a
similar case).



Do you ever feel any need to bring in a certified industrial hygienist
unless the tenant brings in some evidence that shows health concerns?  I
thought the burden of proof was initially on the tenant.  Also, how much
money does one usually budget for hiring such?



Kind regards,

Oscar Yang

Managing Attorney

ES BERRY LAW PC



Wed, 17 Jun 2015 07:34:04 -0700, Rob Rowley <rob at rowleylegal.com>:



A couple of years ago I had a bench trial involving mold where I
represented a landlord in a residential eviction.  Also have had numerous
cases over the decades where residential tenants will raise mold as a
defense to nonpayment of rent.  Usually can work out the issue.  I usually
press them to explain to me why they are fighting so hard to live in a
place where it is “uninhabitable" according to the tenant.  A little
disingenuous for them to argue that to the court.



I always point out the fact that the state Department of Health has a
handout for mold which clearly states that mold is common and is in every
residence.  In other words, it's not as big a deal as it is on the Internet
and urban legend.
http://www.doh.wa.gov/CommunityandEnvironment/Contaminants/Mold



If you ever do have one of these case then you really need to bring in very
early a certified industrial hygienist (expensive) who has the appropriate
national certifications and runs proper testing.  As opposed to the $29.95
test that the tenants run themselves that they get from Home Depot.  All
kinds of testing biases and other testing issues that come up with these
tests.  Tenants routinely think that these tests are a slam-dunk.



When I first started practicing over 21 years ago I remember that “mold
litigation” was supposed to be the great new tort and all landlords were
going to get bankrupted over the claims.  I have yet to see one of these
claims ever get any traction in the courts (at least in Eastern
Washington-can't speak for the Westside).  I have yet to see a healthcare
provider that is willing to give causation.





Please note that effective May 15, 2015, my new address is 7 South Howard
St., Suite 218, Spokane, WA 99201.  All other contact information remains
the same.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



<https://www.facebook.com/rowleylegal>
<https://www.linkedin.com/pub/rob-rowley/11/172/b20>
<https://twitter.com/ROBERTRROWLEY>
<http://www.yelp.com/biz/robert-r-rowley-spokane>



NOTICE: The contents of this message and any attachments may be protected
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