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Can my tenant sue me?
Anonymous2 views2 answers
My tenant tested for mold (she didn't ask me to have the test done) and it came back positive. She didn't provide official results, just an at home test. She never requested repairs related to mold, and I always fix everything she requests immediately. She's denied contractors access to the property before. She sent me an email "certified" letter saying she's moving out (less than 30 days notice). She didn't pay rent or her water bill that month. Now, she said she's suing me for damages due to the mold. All communications were by text. She never asked for repairs officially. Meanwhile, she left my house basically destroyed and disgustingly dirty. Does she have a case? If so, what documents do I need to start preparing?
She could sue however you would file a countersuit for rent and utilities. Tenants, quite often, threaten lawsuit as a tactic to have the landlord offset rent and/or consult an attorney and realize they have no claim.
The tenant must notify you of any defects. Unless you knew of mold or were negligent which would be very hard to prove then tenant has no case. Further she must prove damages. It is not enough that mold exist. The tenant must show injury.
Unfortunately, being a landlord is a business and as such you should document everything. She could sue, but she would have to show that the mold caused her injury. She may have also caused the mold, which is a problem for her case. Further, her denying access once mold was discovered would also be a serious problem with her case. I suspect that your tenant is all talk, but you never know. If you intend to keep a security deposit, be sure to provide the tenant with details of the damages. Security deposits are easy for landlords to mess up.
https://www.peoples-law.org/security-deposits
Given that there could be Mold, you should get a professional to evaluate the situation and clean it up before renting the unit again. Many landlords have large insurance policies, and you should as well. It is worth considering setting up a corporation or entity to limit your personal liability for rentals.
Good luck finding your next tenant. Be sure to vet them thoroughly, including a search of online court records.
