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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I have a home that has a mold problem; the tenant does not

Customer Question

I have a home that has a mold problem; the tenant does not want to let us brig a company to fix the problem; they want say that I am responsible for relocating them to another same house and pay full amts they need to pay which is like 2 1/2 months of rent like 3500. The home is in Perris CA, the home is in escrow and they have not paid rent this month. I was informed of the mold and sent a company the next day, today I received the mold report and I want to fix it immediately. They said it will cause more health problems to open the wall and clean it. I offer to put them in a hotel for two days while they fix the mold problem. What is my responsibility as a landlord? what do I do if they refuse to let me fix it?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, you do have a duty to put them up at an equivalent property (if possible) for the same rent or if short term, at a hotel for which you cannot charge more than the rate that they are paying for the unit. If the repairs are scheduled to take longer than 15 days, you can elect to terminate their lease and evict them but pay for their relocation. If, however, they refuse to let you fix, THAT is a reason to evict as that is a violation of their duty to you. While you have a duty to repair, they have a duty to comply with your reasonable requests and assist you with repairs. If they refuse, and this causes further damage, you can hold them responsible for additional costs since they cannot deny you access when the purpose is to make repairs.

Sincerely,

Dimitry, Esq.

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