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Tenant failed to report mold visible inside the home.
Anonymous3 views1 answers
Tenants moving out at the end of their lease and are now reporting mold, and health issues caused by it. One week before they move out. Inspection of the unit shows severe mold damage visible inside the house, which would have been visible for at least 1-2 months based on the level of damage (we paid to have a remediation company come out to survey the damage) but did not report until now, seems like in an effort to get their security deposit back so they will not be responsible for the other damages they have caused to the house. As they let this go for such a period without reporting can we hold them responsible for at least a portion of the damages?
Yes and no to your last question. First, the law requires parties to mitigate (limit) their damages. The law will not allow tenants to sit in a "hazardous" situation, say nothing, and then later claim to have been harmed...Plus I am unaware of any doctor in NC that will testify that mold causes severe health problems...not saying it doesn't just that no doctor is willing to testify to such, and I know attorneys who have tried.
Now, it sounds like you are keeping their security deposit for other reasons. Make sure you document all of the reasons for keeping the security deposit clearly and follow all of your legal duties as far as giving proper notice to the former tenants. You can try to sue them for increased damage (they are liable for any mold they cause and/or any mold that got worse because they didn't tell you to repair it). But in reality, even if you got a judgment, would you ever collect on it?
