Tenant left property now property is destroyed

[watauga]

What is the name of your state (only U.S. law)? Iowa

We have been renting out an old trailer to a person who decided to go work out of state for about eight months. It was all good. He paid the rent, which was minimal, but enough to pay for the small mortgage we had on the land and the taxes.

Fast forward to this morning. He came back from out of state and found that everything inside was coated in mold.

Although we had entered the property for something unrelated, we didn't notice anything wrong. We had no cause to go in and regularly check the property.

The cost to mitigate the mold damage will far exceed the cost of the trailer. So, we're out rent income to pay for the mortgage and taxes and additionally have no property to rent in the future.

Is this his fault for leaving it vacant or our fault for allowing it? Is he responsible for the cost of the trailer?

I know if a renter goes away in the winter and as a result the pipes burst and there is damage, they'd be liable. Is this the same sort of scenario?

 

[BL]

What is the name of your state (only U.S. law)? Iowa

We have been renting out an old trailer to a person who decided to go work out of state for about eight months. It was all good. He paid the rent, which was minimal, but enough to pay for the small mortgage we had on the land and the taxes.

Fast forward to this morning. He came back from out of state and found that everything inside was coated in mold.

Although we had entered the property for something unrelated, we didn't notice anything wrong. We had no cause to go in and regularly check the property.

The cost to mitigate the mold damage will far exceed the cost of the trailer. So, we're out rent income to pay for the mortgage and taxes and additionally have no property to rent in the future.

Is this his fault for leaving it vacant or our fault for allowing it? Is he responsible for the cost of the trailer?

I know if a renter goes away in the winter and as a result the pipes burst and there is damage, they'd be liable. Is this the same sort of scenario?

You were advised that the tenant was going to be gone for an extended period of time .You used poor judgement to regurlarly inspect .

This is not a case such as you explained .

Your loss ...

 

[yomomma]

You were advised that the tenant was going to be gone for an extended period of time .You used poor judgement to regurlarly inspect .

This is not a case such as you explained .

Your loss ...

I agree; mold is a living organism. The OP would have to prove that the mold was not there to begin with and that, if there, was noticed by the tenant. A tenant should not have to worry about natural growth that he cannot control. If he had left food on the floor its one thing, but the OP gives no facts how the mold issue was caused by the tenant.

 

[watauga]

I'd like to add that the tenant had given someone his keys to check the home. That person never did.


As best we can determine it happened when the area flooded last month. We checked it and it was fine at that time. This all happened since the flood on August 3.

The tenant isn't saying it was there, we know it wasn't. He lived there two years prior to this without incident.

 

[BL]

I'd like to add that the tenant had given someone his keys to check the home. That person never did.


As best we can determine it happened when the area flooded last month. We checked it and it was fine at that time. This all happened since the flood on August 3.

The tenant isn't saying it was there, we know it wasn't. He lived there two years prior to this without incident.

Please do this forum a favor . Don't expect us to bach you up .

Be on your way . Good luck to you .

 

[watauga]

Please do this forum a favor . Don't expect us to bach you up .

Be on your way . Good luck to you .

Wow, friendly response. Thanks a lot.

I didn't think I'd given enough detail after I had reviewed my post.

So sorry to have troubled you.

 

[FarmerJ]

It doesnt matter if tenant had asked anyone else to check on the unit or not , You were aware tenant was gone, a good choice would have been to check on the unit every two weeks and especially after there was a flood in the area when you would have been able to take steps like remove some of the skirting and carefully examine the underside of the home and the interior for water damage , opened windows and did every thing you could have to help dry it out. Personally I see no recourse against the tenant , tenant had told you they were away and paid the rent (even if it was low rent that was your choice set the rent to not allow enough to cover maint issues) If the tenant cannot live in the unit due to current conditions and paid you a deposit in all fairness you owe the tenant full refund of deposit and if you dont follow your states laws for deposit dispositions dont be shocked if tenant sues you and brings to court pics of the unit showing why they had to move away. Some of your choices are to find the money to make the needed repairs and get a new customer in there Or remove the home and find someone who wants to buy a lot that a newer home can be set up on or sell the lot with the home as is fully disclosing its condition in writting since there may well be a buyer who would be more than happy to make the needed repairs so they can move in .

 

[watauga]

Thank you FarmerJ for the articulate and polite response.

We're probably just going to put an "as is for free" ad on craigslist or just have the fire department use it for practice.

We had been checking the property weekly until about a month ago. Our home was severely damaged by the aforementioned flood and we've been working full time at our real jobs and working about triple time on getting our home in order again here as well.

 

[FarmerJ]

Land where a mobile home , manufactured home can be placed with I asssume functioning private well and septic system as well as electric lines, propane / gas lines that all can be re used , not a good choice to have fire dept burn it down as teaching tool since fire would destroy the things that a potential buyer would see as useful in order to move another manufactured home in and use. If the home is old enough that it has aluminum siding your better off bringing in roll off dumpster , removing the siding & windows and any thing else that can be sold and selling it to a recycler/ salvager then collapse the remaining structure, and once all the debris is gone listing it as ready for a manufactured home to be sited. BTW Or rent the land out to someone on long term lease who wants to place a house , collecting just enough rent to cover taxes, mortgage and maint of the well and septic as well as collecting first and last months rent in cash in advance and keeping the land until it is paid off then your free to sell the land via contract for deed if you wish.

 

[watauga]

Land where a mobile home , manufactured home can be placed with I asssume functioning private well and septic system as well as electric lines, propane / gas lines that all can be re used , not a good choice to have fire dept burn it down as teaching tool since fire would destroy the things that a potential buyer would see as useful in order to move another manufactured home in and use. If the home is old enough that it has aluminum siding your better off bringing in roll off dumpster , removing the siding & windows and any thing else that can be sold and selling it to a recycler/ salvager then collapse the remaining structure, and once all the debris is gone listing it as ready for a manufactured home to be sited. BTW Or rent the land out to someone on long term lease who wants to place a house , collecting just enough rent to cover taxes, mortgage and maint of the well and septic as well as collecting first and last months rent in cash in advance and keeping the land until it is paid off then your free to sell the land via contract for deed if you wish.

Because it is so old it's grandfathered in. Mobile homes would not be allowed where it is now. Additionally because the setbacks have changed, not much will fit in the space. It's sort of a strange small lot and set up.