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Tenant is breaking lease claiming health problems due to damp…

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Tenant is breaking lease claiming...
Tenant is breaking lease claiming health problems due to damp basement - landlord (me) has continued to remedy as the weather permits - no issues of mold are evident. Landlord ask tenant did they just need to move and the response was NO - I lost my job. Question -Board of Health is involved - no knowledge of any findings of "health" violations - tenant is breaking lease and moving out. Had scheduled to clean furnace (per recent request from tenant) and treat for mold (even though mold is not present) to appease. On 29th - tenant gives notice moving out 3/10 due to "health" issues and requests that I do NOT clean the furnace or take additional measures to remove moisture from basement until they are gone. I gave notice and want to continue. Already spoke with Health Dept and want to keep my word on continuing my plan but unsure to claim by tenant this will only make her "sicker"?
Submitted: 6 years ago.Category: Landlord-Tenant
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2/29/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,208
Experience: Lawyer; developer/owner of RE developments.
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Good afternoon. You are entitled to make necessary repairs...it is your house. The tenant would have the burden of proving these were making her sicker in order to prevent you from doing the repairs and to date, given the absence of mold, she won't even be able to satisfy the burden that she has the right to terminate the lease. Unless she wants to be responsible for the time period lost due to the delay or can prove that such repairs would indeed make her sicker or substantially interfere with her right to the quiet and peaceful enjoyment of her rental property, she cannot stop you.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer reply replied 6 years ago
I don't know if you got this - who has the burden of proof regarding mold? I haven't paid the $500. for a formal mold test because there is no physical signs of mold? If she is claiming "mold" is making her sick - does she hold the burden of proof? It seems OH is VERY unfair to landlords - just trying to make sure I don't get caught unprepared?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
She is trying to break the lease so she has the burden of proof on the mold.
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,208
Experience: Lawyer; developer/owner of RE developments.
Verified
insearchoftheanswer and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago
Ok that seems fair but again OH (at least here in Ham Cty) seems to make Landlord prove everything. Is there a statute I can refer to in the event this goes to court? Thanks so much - you earned your pay - excellent timing. Just wanting to double check also - no offense but are you confident on answering legal questions involving OH - since you are in TX?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
No offense taken. :) This is really basic contract law. You have a binding contract and to terminate it due to your default, the tenant has to prove you are actually in default...which in this case is the allegation that you breached your implied warranty of habitability due to the presence of toxic mold. Thus, if she cannot sustain that claim, she can not prove the default..and thus has no right to terminate without being in default herself.
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