was found in bedroom, both bathrooms, & moldy bedroom carpet & easy chair.
I notified her that her deposit would not be returned because she never informed me of these problems which grew worse over time.. She retained a lawyer & is demanding return of her $1000.deposit. She should have told me about mold just as she would if stove or a/c did/t work.
My homeowner;s insurance has denied claim stating that mold is from a cracked window in the bedroom which tenant. never told me about.
The condo association denies claim on same basis.
I NEED TO PROCEED WITH REPAIRS AS UNIT NOT HABITABLE & AM LOSING INCOME.. CAN I PURSUE CLAIMS WITH CONDO ASSOC &/OR INSURANCE IF I PAY REPAIRS? WHAT ABOUT TENANT DEPOSIT?
Thank you.
Michael Thomas RafiWrongful Death AttorneyAtlanta, GA ·
Typically, you need to send the tenant an itemized list stating the amounts of all repairs needed to repair the premises. The amount of time you have to do this is usually set in the lease or there may be a default Florida rule. I would suggest you read your lease and contact a local lawyer, if necessary.
I would suggest you hire a FLORIDA lawyer, especially since your former tenant has hired counsel. You are at a serious disadvantage if you do not have a lawyer. Having said that, you should review the terms of your lease to see whether your lease has placed an obligation on your tenants to notify you of such conditions as you have described. You can pursue claim if you make the repairs (and you should do so to "mitigate your damages"), but that does not mean you will be successful in the claim. Good luck.
Mold is usually a landlord problem and landlord responsibility. If you are going to claim her deposit you Can do so for other items but I strongly urge you to not holdback for this as you may face serious problems. Speak to an attorney today
Review your lease. Make sure you have some type of term which requires your tenant to notify you of issues such as growing mold, broken appliances etc.. In any lease I provide a client it always has a section regarding mold growth and that the tenant as the responsibility to prevent further growth by wiping down the area, and by calling the landlord immediately. If your lease did not have this clause or any clause which states that the tenant is responsible for call the landlord for any issues you may be out of luck. While logically and personally you have a point and its not your fault a judge may not see it that way. Is the $1,000 worth the risk or owing the tenant $1,000 her court cost and legal fees?
I would suggest finding a local landlord-tenant attorney to review the case with you because now that she has an attorney on her side if she prevails you will be liable for fees and cost. Its all about a risk/cost analysis because no matter how strong you may think your case is, there is always a chance that the other side may prevail.
As for the Condo Association I don't see how this is their fault if the issue was a cracked window in your unit. Do you think there were any other leaks in the building that caused this, as to why you would claim anything against the condo association?
Good Luck.
