Landlord Question
Currently, I'm renting a single family home, which was discovered to have mold due to a leaking dishwasher(extensive). The tenants are refusing to seek temporary housing. Does there refusal remove my liability. The repairs and insurance claims will take time. I submitted a proposal to the tenants to use the rent for temporary lodging, until repairs are complete. Can i terminate lease? What is my liability? What should i do?
Re: Landlord Question
The tenants refusal to seek temporary housing does not remove your liability, but it certainly mitigates your damages. You cannot terminate the lease. You are liable for repair of this leaking dishwasher and removal of the mold. I would follow up with a second proposal offering specific places where they can stay, what is will cost, and offer to subsidize it somewhat. If they still don't move out, then you can at least show that you attempted to remedy the situation but they refused. I recommend speaking to a landlord/tenant lawyer and perhaps a toxic mold defense lawyer (i.e.- negligence defense) in your area immediately.
Re: Landlord Question
The tenants refusal to seek temporary housing does not remove your liability, but it certainly mitigates your damages. You cannot terminate the lease. You are liable for repair of this leaking dishwasher and removal of the mold. I would follow up with a second proposal offering specific places where they can stay, what is will cost, and offer to subsidize it somewhat. If they still don't move out, then you can at least show that you attempted to remedy the situation but they refused. I recommend speaking to a landlord/tenant lawyer and perhaps a toxic mold defense lawyer (i.e.- negligence defense) in your area immediately.
