Any rights as a landlord? PA

[questions1]

I have a tenant whose previous lease had an automatic renewal clause unless they gave me notice to not renew. I spoke with and emailed him many times, and he said he did want to stay another year. I sent him a new lease for his signature. He has decided to move in with someone, and about a month ago, asked me if I would let him out of the lease. I offered that we work together, and if I found a new tenant I would. I did not hear from him again for over 3 weeks. I emailed him and called him with no response. Then I spoke with him last week, and instead of being amicable, he said people he spoke with said he could just move out. He then said "there are issues with the house, including mold". I asked him why he had not told me that previously. He had no response. Today I received a letter from his attorney that states there is no lease renewal, and there is mold, he will be out in 30 days, and not to contact the tenant. What are my rights here? I have been very nice to this renter and gave him a very low rent amount because I thought he was a good person.

 

[Gail in Georgia]

Did he sign the new lease, locking him in for another year?

Quite frankly, I'd ignore the attorney (who likely has no idea if mold is present or not and has simply sent one of those "scare the bejeebies out of someone" letters). Many tenants still believe the whisper of mold is a "get out of the lease free" card; it isn't. What proof does the tenant have that mold exists and that if it does, it is one of the two strains out of..literally..hundreds that has shown health risks in some people with established respiratory diseases? What proof has he had that he has notified you of this issue and given you a reasonable amount of time to remedy the situation? From your posting, none.

IF the tenant has signed the new lease he remains legally responsible for the remainder of the term of the lease UNLESS either he or you finds another suitable tenant to take his place. If he leaves you do have an obligation to make the effort to find a replacement tenant. However, if it takes you, say, two months to do this, the former tenant can be sued for the amount of rent you lost in the process of attempting to rerent the unit (and this also includes any cost of advertising the unit).

If you decide to go this route, sue the tenant directly and skip dealing with said attorney.

Gail

 

[questions1]

any landlord rights?

Thank You Gail for the response. No, he did not sign the new lease, he just said he wanted to stay in an email, and also the previous lease had an automatic lease renewal clause. If he did not sign the new lease, does that mean he has the right to give 30 days notice and leave? And, what if there is a serious mold issue? This is the first I am hearing of it. If he moves out, do I have the right to keep his security deposit?

 

[Gail in Georgia]

If the initial lease has an automatic renewal clause that unless the tenant notifies you within a certain time period that they do not wish to renew (and your tenant hasn't met this deadline), it HAS renewed.

If this is the case and he moves out (breaking the lease) the security deposit can be used for owed rent until you find a tenant to take his place. However, if this tenant does leave, it is important that you notify him of the status of his security deposit within the time period required by your state:

Consumers: Protecting Consumers - Pennsylvania Office of Attorney General

Many landlords do no realize this requirement when a tenant breaks a lease and some find themselves being sued for several times the deposit for failing to meet these requirements. How's that for irony?

What your tenant (and "his" attorney, who is likely some fellow he picked out of the yellow pages) is attempting to claim is that the presence of mold suddenly make the rental unit "uninhabitable". A couple of years ago the idea of mold was hyped to the point where is resembled something between the ebola virus and being run over by a Mack truck. It no longer is the "get out of a lease instantly" clause.

If there IS mold (and keep in mind your tenant may be talking about mildew around the tub that he failed to keep clean) it is his responsibility to notify you about this and yours to investigate. If not present in a normally moist area (i.e., around the tub, for example), the concern is that this could represent a leak in a water line in a wall.

Gail

 

[questions1]

The tenants attorney offered during yesterdays phone call that he would email me photos of the mold. He did not. I called the attorney's office back today, his receptionist said "he's tied up, and won't be able to email the photos for several days". I told the attorney yesterday that I want to have someone act as my representative to go in and look at the house, and I asked how am I supposed to do that if being asked to not contact the tenant. He said he would arrange for the tenant to open the house if I contacted a mold specialist. What are my rights here? If I hire someone simply to go in and look at the mold so I can know what it really is, aren't I allowed to do so?
Also, if tenant will provide no forwarding address, how am I to send him a letter regarding his security deposit? I have a already found someone who made an offer to move into the house on a month to month basis, but at 500.00 per month, where houses in that area normally rent for 750.00. If I accept this new tenant, does that make the previous tenant responsible for the loss of rent?

 

[Zigner]

From a business perspective, it may be in your best interest to simply allow this tenant to leave after 30 days.

 

[Gail in Georgia]

I agree; then consider selling this property or turning it over to a Property Manager since you have listened to none of the previous suggestions that have been offered.

Gail

 

[Patse3839]

if the tenant has not paid rent I would file for eviction proceedings and see if you hear back from his attorney.
an eviction is on someone's record for life
let's see what kind of living arrangements he can get down the road, pretty sure his 'mold' issue will seem like fairy cake at a picnic compared to where he is going to end up

 

[questions1]

Gail-I have listened to and appreciate your previous suggestions...what I still would like to know though is IF there is mold, don't I have a right to have someone repair it.....before the tenant leaves in 30 days? What if, as you suggested, there is a leak somewhere?


Previous thread:
The tenants attorney offered during yesterdays phone call that he would email me photos of the mold. He did not. I called the attorney's office back today, his receptionist said "he's tied up, and won't be able to email the photos for several days". I told the attorney yesterday that I want to have someone act as my representative to go in and look at the house, and I asked how am I supposed to do that if being asked to not contact the tenant. He said he would arrange for the tenant to open the house if I contacted a mold specialist. What are my rights here? If I hire someone simply to go in and look at the mold so I can know what it really is, aren't I allowed to do so?
Also, if tenant will provide no forwarding address, how am I to send him a letter regarding his security deposit? I have a already found someone who made an offer to move into the house on a month to month basis, but at 500.00 per month, where houses in that area normally rent for 750.00. If I accept this new tenant, does that make the previous tenant responsible for the loss of rent?

 

[Zigner]

If you're sending somebody to look at the mold, you would, presumably, be sending somebody who specializes in mold remediation. I'm not sure I see the problem with the request. Arrange for a mold specialist to come out in 3 days and then notify the attorney of the date. If the attorney says the tenant won't be available, then tell the attorney not to worry, as you will also be there and you will use your key to grant access.

I would suggest that you provide this notice in some verifiable way, to both the tenant and the attorney.

As for the security deposit, you can send notice to the tenants last known address.

 

[Searchertwin]

OR, she could use this as an emergency to enter the house. If tenant states there is mold, how does LL not know if there is a water leak that needs to be looked at once? She needs to stop the leak, and repair the damage.

Tenant did not state where mold is, or how much.

I would not hire a mold expert. They are intimidating you now. And for anyone here stating that is nuts. A mold expert is costly and will do more harm than good. Only hire one if truly needed, not on intimidation from someone.

As an emergency, go in take pictures of "mold" which is probably due to moisture, and send crr letter to tenant letting him know how to clean mold. Indicate in letter that you consider this an emergency to enter house due to possible water leak and continuing water damage.
Send one to lawyer if you want cause I bet he has no pictures.

 

[Zigner]

So, let's say the handyman, Bubba, walks in and <gasp!> sees mold. THEN our OP will need to hire an expert, right? But if they hired the expert in the first place, then they would have saved the money they spent on Bubba

 

[Searchertwin]

Also, if tenant will provide no forwarding address, how am I to send him a letter regarding his security deposit?

Send crr letter to last known address, which is your house. Also by email, and keep trying by phone, but the crr letter needs to be done. When return do not open.

I have a already found someone who made an offer to move into the house on a month to month basis, but at 500.00 per month, where houses in that area normally rent for 750.00.

I would not rent less than what the houses are going for.
A difference of $250.00 is a large amount to lose.

If I accept this new tenant, does that make the previous tenant responsible for the loss of rent?

If you or he breaks the lease, and you find someone to rent and you chose to rent it at $1.00, that's your problem.

 

[Searchertwin]

So, let's say the handyman, Bubba, walks in and <gasp!> sees mold. THEN our OP will need to hire an expert, right? But if they hired the expert in the first place, then they would have saved the money they spent on Bubba

Let's see, x amount compare to xx amount. And x amount indicates mold around tub. So Bubba save XX amount to LL.

 

[Zigner]

Let's see, x amount compare to xx amount. And x amount indicates mold around tub. So Bubba save XX amount to LL.

But, BUBBA cannot tell if the mold is dangerous or not. If the mold IS dangerous, then Mr. Attorney is going to have a field day with our OP.

The cheap comes out expensive...