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I have a tenant in a townhome I own in Plantation, FL. They…

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I have a tenant in...
I have a tenant in a townhome I own in Plantation, FL. They recently pointed out a mold problem that I immediately ordered testing that turned out positive for some surface mold and some water/mold inside the walls. Air quality is fine according to the final report so the tenant should be able to continue living there without worry. The tenant is asking to see the full report from the inspector and my question is whether or not I should let them see it...or should I wait until the problem is fixed?
Submitted: 2 years ago.Category: Real Estate Law
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2/18/2016
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,381
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good morning. My name is ***** ***** I look forward to helping you.

The thing you really want to avoid is a lawsuit. What is likely to raise a red flag and increase the odds of a lawsuit is if you reject the tenant's request. What the tenant will presume in that situation is that there is a problem with the report you don't want the tenant to see. The mold situation "is what it is" and so in my view it's best to simply provide the tenant the report as if it's no big deal. If the tenant were to not get it from you now and were to file a suit, the tenant could get it anyway through discovery. And, by giving it to the tenant now, you protect yourself going forward if the tenant chooses to continue to live there; i.e., the tenant, having full access to the report, would not then have the right to claim he only continued his tenancy because he didn't have full information. So, although you could reject the tenant's claim, in my view, you're far better to provide the report to him.

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