Empathy List Archives

TA

Todd Allen

Mon, Feb 23, 2015 9:34 PM

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com

HH

Harry Heist

Mon, Feb 23, 2015 9:53 PM

Yes. I have and I have evicted people for failing to vacate when there is
serious mold.

You are probably referring to my Mold Addendum which is heavily in use in
Florida.

We have only invoked it if there is a serious mold issue and the tenant
refuses to vacate the premises but instead plays the "Mold Game" which is to
say they are getting sick, stop paying rent but won't get out OR the
remediation requires them to move and they refuse. Sometimes the remediation
process requires major hazardous work and the tenants must GO.

It is no different than other clauses common in leases which state that the
lease can be terminated due to a casualty or major damage.

A serious mold problem is no different than a fire or major flood. The lease
can be terminated. Here is another clause from my lease that we have
successfully used: CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and
TERMINATION: If for any reason the premises are condemned by any
governmental authority, destroyed, rendered uninhabitable, rendered
dangerous to persons or property, and/or damaged through fire, water, smoke,
wind, flood, act of God, nature or accident, or, if it becomes necessary, in
the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises
in order for repairs to the premises to be undertaken, this lease shall, at
LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall
terminate, TENANT agrees to and shall vacate and TENANT, if not in default
of the lease, shall owe no further rent due under the terms of the lease.

It is NOT to be used just because a landlord just wants someone out. It
should be a serious, verified problem.

We will not invoke it unless there is solid proof from a certified mold
inspector that the mold is severe and the tenants need to go for their own
safety.

Here is a bit of my addendum BUT we will not file unless we have 100% proof
from a certified Mold Inspector.: "TERMINATION OF TENANCY: Owner or agent
reserves the right to terminate the tenancy and TENANT(S) agree to vacate
the premises in the event owner or agent in its sole judgment feels that
either there is mold or mildew present in the dwelling unit which may pose a
safety or health hazard to TENANT(S) or other persons and/or TENANT(S)
actions or inactions are causing a condition which is conducive to mold
growth"

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to
terminate the lease for the presence of mold (in the opinion of the
landlord)? Interested in hearing if anyone thinks this violates public
policy.

Todd B. Allen, Esq. | Attorney

mailto:Todd@LindsayAllenLaw.com Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

https://www.facebook.com/LindsayAllenLaw
https://www.facebook.com/LindsayAllenLaw
https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

http://www.lindsayallenlaw.com/ www.LindsayAllenLaw.com
http://www.www.lindsayallenlaw.com/

Yes. I have and I have evicted people for failing to vacate when there is serious mold. You are probably referring to my Mold Addendum which is heavily in use in Florida. We have only invoked it if there is a serious mold issue and the tenant refuses to vacate the premises but instead plays the "Mold Game" which is to say they are getting sick, stop paying rent but won't get out OR the remediation requires them to move and they refuse. Sometimes the remediation process requires major hazardous work and the tenants must GO. It is no different than other clauses common in leases which state that the lease can be terminated due to a casualty or major damage. A serious mold problem is no different than a fire or major flood. The lease can be terminated. Here is another clause from my lease that we have successfully used: CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and TERMINATION: If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall terminate, TENANT agrees to and shall vacate and TENANT, if not in default of the lease, shall owe no further rent due under the terms of the lease. It is NOT to be used just because a landlord just wants someone out. It should be a serious, verified problem. We will not invoke it unless there is solid proof from a certified mold inspector that the mold is severe and the tenants need to go for their own safety. Here is a bit of my addendum BUT we will not file unless we have 100% proof from a certified Mold Inspector.: "TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT(S) agree to vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(S) or other persons and/or TENANT(S) actions or inactions are causing a condition which is conducive to mold growth" Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Monday, February 23, 2015 4:34 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Mold Addendums Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney <mailto:Todd@LindsayAllenLaw.com> Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 <https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> <https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 <http://www.lindsayallenlaw.com/> www.LindsayAllenLaw.com <http://www.www.lindsayallenlaw.com/>

LC

Leonard Cabral

Tue, Feb 24, 2015 12:33 AM

It goes both ways Harry. I have one apartment complex where the tenants pay the rent, the landlord refuses to let the tenant out of the lease for mold issues (until I get involved) then allows the tenant out of the lease and in some cases try to keep the tenant's security deposit for failing to comply with the mold addendum. They never do the mold remediation and put another tenant in the apartment with one of your mold addendums. When the tenant complains they give the tenant a bottle of bleach and blames the mold on the tenant. The tenant's don't want to stay since they are sick or their kids are sick (mostly kids get sick) so any long term litigation on my part is chilled. I would not litigate the mold "injury" and I don't know anyone that files Mold tort claims. I would file a claim on Florida's version of the federal Unfair and Deceptive Trade Practices act and request an injunction until remediation is complete and ask that the mold addendum be stricken. (You know if I didn't tease you Harry you would think I didn't like you anymore and I do like you). This particular landlord is one of J.B. III's clients has his own mold addendum that he most likely stole from you. Plagiarism is the best form of flattery.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, February 23, 2015 4:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Mold Addendums

Yes. I have and I have evicted people for failing to vacate when there is serious mold.

You are probably referring to my Mold Addendum which is heavily in use in Florida.

We have only invoked it if there is a serious mold issue and the tenant refuses to vacate the premises but instead plays the "Mold Game" which is to say they are getting sick, stop paying rent but won't get out OR the remediation requires them to move and they refuse. Sometimes the remediation process requires major hazardous work and the tenants must GO.

It is no different than other clauses common in leases which state that the lease can be terminated due to a casualty or major damage.

A serious mold problem is no different than a fire or major flood. The lease can be terminated. Here is another clause from my lease that we have successfully used: CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and TERMINATION: If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall terminate, TENANT agrees to and shall vacate and TENANT, if not in default of the lease, shall owe no further rent due under the terms of the lease.

It is NOT to be used just because a landlord just wants someone out. It should be a serious, verified problem.

We will not invoke it unless there is solid proof from a certified mold inspector that the mold is severe and the tenants need to go for their own safety.

Here is a bit of my addendum BUT we will not file unless we have 100% proof from a certified Mold Inspector.: "TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT(S) agree to vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(S) or other persons and/or TENANT(S) actions or inactions are causing a condition which is conducive to mold growth"

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
[cid:image001.png@01D04F9D.233E2740]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy.

Todd B. Allen, Esq. | Attorney

Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109
[cid:image002.jpg@01D04F9D.233E2740]https://www.facebook.com/LindsayAllenLaw https://www.facebook.com/LindsayAllenLaw [cid:image003.jpg@01D04F9D.233E2740] https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

www.LindsayAllenLaw.com http://www.lindsayallenlaw.com/
[cid:image004.jpg@01D04F9D.233E2740]http://www.www.lindsayallenlaw.com/

It goes both ways Harry. I have one apartment complex where the tenants pay the rent, the landlord refuses to let the tenant out of the lease for mold issues (until I get involved) then allows the tenant out of the lease and in some cases try to keep the tenant's security deposit for failing to comply with the mold addendum. They never do the mold remediation and put another tenant in the apartment with one of your mold addendums. When the tenant complains they give the tenant a bottle of bleach and blames the mold on the tenant. The tenant's don't want to stay since they are sick or their kids are sick (mostly kids get sick) so any long term litigation on my part is chilled. I would not litigate the mold "injury" and I don't know anyone that files Mold tort claims. I would file a claim on Florida's version of the federal Unfair and Deceptive Trade Practices act and request an injunction until remediation is complete and ask that the mold addendum be stricken. (You know if I didn't tease you Harry you would think I didn't like you anymore and I do like you). This particular landlord is one of J.B. III's clients has his own mold addendum that he most likely stole from you. Plagiarism is the best form of flattery. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Monday, February 23, 2015 4:54 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Mold Addendums Yes. I have and I have evicted people for failing to vacate when there is serious mold. You are probably referring to my Mold Addendum which is heavily in use in Florida. We have only invoked it if there is a serious mold issue and the tenant refuses to vacate the premises but instead plays the "Mold Game" which is to say they are getting sick, stop paying rent but won't get out OR the remediation requires them to move and they refuse. Sometimes the remediation process requires major hazardous work and the tenants must GO. It is no different than other clauses common in leases which state that the lease can be terminated due to a casualty or major damage. A serious mold problem is no different than a fire or major flood. The lease can be terminated. Here is another clause from my lease that we have successfully used: CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and TERMINATION: If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall terminate, TENANT agrees to and shall vacate and TENANT, if not in default of the lease, shall owe no further rent due under the terms of the lease. It is NOT to be used just because a landlord just wants someone out. It should be a serious, verified problem. We will not invoke it unless there is solid proof from a certified mold inspector that the mold is severe and the tenants need to go for their own safety. Here is a bit of my addendum BUT we will not file unless we have 100% proof from a certified Mold Inspector.: "TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT(S) agree to vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(S) or other persons and/or TENANT(S) actions or inactions are causing a condition which is conducive to mold growth" Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D04F9D.233E2740]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Monday, February 23, 2015 4:34 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Mold Addendums Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com<mailto:Todd@LindsayAllenLaw.com> 13180 Livingston Rd, Suite 201 Naples, FL 34109 [cid:image002.jpg@01D04F9D.233E2740]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image003.jpg@01D04F9D.233E2740] <https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/> [cid:image004.jpg@01D04F9D.233E2740]<http://www.www.lindsayallenlaw.com/>

LC

Leonard Cabral

Tue, Feb 24, 2015 12:45 AM

Todd:
First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD's Quality Housing Standards.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy.

Todd B. Allen, Esq. | Attorney

Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109
[cid:image001.jpg@01D04FA0.E4B36C70]https://www.facebook.com/LindsayAllenLaw https://www.facebook.com/LindsayAllenLaw [cid:image002.jpg@01D04FA0.E4B36C70] https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

www.LindsayAllenLaw.com http://www.lindsayallenlaw.com/
[cid:image003.jpg@01D04FA0.E4B36C70]http://www.www.lindsayallenlaw.com/

Todd: First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD's Quality Housing Standards. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Monday, February 23, 2015 4:34 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Mold Addendums Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com<mailto:Todd@LindsayAllenLaw.com> 13180 Livingston Rd, Suite 201 Naples, FL 34109 [cid:image001.jpg@01D04FA0.E4B36C70]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image002.jpg@01D04FA0.E4B36C70] <https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/> [cid:image003.jpg@01D04FA0.E4B36C70]<http://www.www.lindsayallenlaw.com/>

TA

Todd Allen

Tue, Feb 24, 2015 2:43 PM

Leonard,

The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold. Landlord has had 2 certified mold inspectors out to evaluate the property. Both inspectors concluded that there were no elevated levels of mold in the unit. The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn’t much we have to work with. The tenant is also spreading rumors that the house is full of mold.

The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant’s financing fell through. I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it.

If the tenant is suffering physical pains as a result of “mold”, we don’t want her in the unit anymore. We also don’t want to spend thousands of dollars chasing a non-existent mold issue.

Any ideas?

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com

On Feb 23, 2015, at 7:45 PM, Leonard Cabral leonardcabral@lenslaw.com wrote:

Todd:
First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD’s Quality Housing Standards.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

<image001.jpg> <image002.jpg>

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com
<image003.jpg>

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Leonard, The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold. Landlord has had 2 certified mold inspectors out to evaluate the property. Both inspectors concluded that there were no elevated levels of mold in the unit. The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn’t much we have to work with. The tenant is also spreading rumors that the house is full of mold. The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant’s financing fell through. I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it. If the tenant is suffering physical pains as a result of “mold”, we don’t want her in the unit anymore. We also don’t want to spend thousands of dollars chasing a non-existent mold issue. Any ideas? Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com On Feb 23, 2015, at 7:45 PM, Leonard Cabral <leonardcabral@lenslaw.com> wrote: > Todd: > First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD’s Quality Housing Standards. > > Leonard P. Cabral, Esq. > Leonardcabral@lenslaw.com > > From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen > Sent: Monday, February 23, 2015 4:34 PM > To: RPPTL Landlord Tenant Committee > Subject: [RPPTL LandTen] Mold Addendums > > Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. > > Todd B. Allen, Esq. | Attorney > Todd@LindsayAllenLaw.com > > 13180 Livingston Rd, Suite 201 > Naples, FL 34109 > > <image001.jpg> <image002.jpg> > > [office] > [mobile] > [fax] > > 239.593.7900 > 239.300.3506 > 239.593.7909 > www.LindsayAllenLaw.com > <image003.jpg> > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

HH

Harry Heist

Tue, Feb 24, 2015 2:49 PM

If there is no mold, simply carry on and the rental continues. If they stop
paying rent, proceed as usual.

Harry

LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Tuesday, February 24, 2015 9:43 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

Leonard,

The tenant is complaining of a mold smell and back pains that she alleges
are the direct result of mold. Landlord has had 2 certified mold inspectors
out to evaluate the property. Both inspectors concluded that there were no
elevated levels of mold in the unit. The tenant is making demands on the
landlord to remediate, but without some affirmative finding of mold there
isn't much we have to work with. The tenant is also spreading rumors that
the house is full of mold.

The tenant and the landlord had an agreement to sell the property to the
tenant, but the tenant's financing fell through. I honestly think this is
an effort to retaliate against the owner or at least diminish the value of
the property so she can afford it.

If the tenant is suffering physical pains as a result of "mold", we don't
want her in the unit anymore. We also don't want to spend thousands of
dollars chasing a non-existent mold issue.

Any ideas?

Todd B. Allen, Esq. | Attorney

mailto:Todd@LindsayAllenLaw.com Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

https://www.facebook.com/LindsayAllenLaw
https://www.facebook.com/LindsayAllenLaw
https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

http://www.lindsayallenlaw.com/ www.LindsayAllenLaw.com
http://www.www.lindsayallenlaw.com/

On Feb 23, 2015, at 7:45 PM, Leonard Cabral leonardcabral@lenslaw.com
wrote:

Todd:

First, who is complaining about the mold?? If it is the tenant I look to
see if the landlord knew of the mold before the apartment is rented. If the
tenant is complaining usually what I get for the tenant is some $$ to move
(amount depends on how long they lived there and if the landlord knew of the
mold before renting). I also have my client do a mold test which I would
have a landlord do if they wanted to move a tenant out for mold. If the
landlord wants the tenant out and uses mold as the reason I think I could
make a compelling argument that the mold addendum is against public policy
by using HUD's Quality Housing Standards.

Leonard P. Cabral, Esq.

mailto:Leonardcabral@lenslaw.com Leonardcabral@lenslaw.com

From: mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to
terminate the lease for the presence of mold (in the opinion of the
landlord)? Interested in hearing if anyone thinks this violates public
policy.

Todd B. Allen, Esq. | Attorney

mailto:Todd@LindsayAllenLaw.com Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

https://www.facebook.com/LindsayAllenLaw <image001.jpg>
https://www.facebook.com/LindsayAllenLaw
https://www.linkedin.com/in/attorneytoddallen <image002.jpg>
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

http://www.lindsayallenlaw.com/ www.LindsayAllenLaw.com
http://www.www.lindsayallenlaw.com/ <image003.jpg>

landten mailing list
mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
http://mailman.fsr.com/mailman/listinfo/landten

If there is no mold, simply carry on and the rental continues. If they stop paying rent, proceed as usual. Harry LAW OFFICES OF HEIST, WEISSE, & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Tuesday, February 24, 2015 9:43 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums Leonard, The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold. Landlord has had 2 certified mold inspectors out to evaluate the property. Both inspectors concluded that there were no elevated levels of mold in the unit. The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn't much we have to work with. The tenant is also spreading rumors that the house is full of mold. The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant's financing fell through. I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it. If the tenant is suffering physical pains as a result of "mold", we don't want her in the unit anymore. We also don't want to spend thousands of dollars chasing a non-existent mold issue. Any ideas? Todd B. Allen, Esq. | Attorney <mailto:Todd@LindsayAllenLaw.com> Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 <https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> <https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 <http://www.lindsayallenlaw.com/> www.LindsayAllenLaw.com <http://www.www.lindsayallenlaw.com/> On Feb 23, 2015, at 7:45 PM, Leonard Cabral <leonardcabral@lenslaw.com> wrote: Todd: First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD's Quality Housing Standards. Leonard P. Cabral, Esq. <mailto:Leonardcabral@lenslaw.com> Leonardcabral@lenslaw.com From: <mailto:landten-bounces@lists.flabarrpptl.org> landten-bounces@lists.flabarrpptl.org [ <mailto:landten-bounces@lists.flabarrpptl.org> mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Monday, February 23, 2015 4:34 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Mold Addendums Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney <mailto:Todd@LindsayAllenLaw.com> Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 <https://www.facebook.com/LindsayAllenLaw> <image001.jpg> <https://www.facebook.com/LindsayAllenLaw> <https://www.linkedin.com/in/attorneytoddallen> <image002.jpg> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 <http://www.lindsayallenlaw.com/> www.LindsayAllenLaw.com <http://www.www.lindsayallenlaw.com/> <image003.jpg> _______________________________________________ landten mailing list <mailto:landten@lists.flabarrpptl.org> landten@lists.flabarrpptl.org <http://mailman.fsr.com/mailman/listinfo/landten> http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Wed, Feb 25, 2015 5:21 PM

Todd:
The problem with mold is "where was the tenant exposed to the mold?". There isn't a (credible) doctor out there anywhere who can testify that the condition(s) the tenant is suffering is directly related to the mold in the house (unless in the very rare case it is). The exposure could be from work, the grocery store, daycare, etc. Since the landlord has 2 certified mold inspectors (who I assume will testify) and the tenant doesn't have any mold testing results, I agree with Harry, they don't pay they get evicted. BUT I think your problem is that the tenant is paying rent demanding remediation or a reduced price on the house. Can't remediate what's not there. For all you know her symptoms could be from menopause (If you watched the Apprentice you should get a chuckle from that line), or an undiagnosed illness. If her lease is up, evict without cause. If you evict her for unsafe mold in the house the tenant will use your mold inspectors against you. What is the solution? If she qualifies for a lesser mortgage amount, could the owner hold a second? Can you pay her to move out? Where I come from the landlord would just start a fire (only because he doesn't know how to start a flood) :) I think I would start by sending a letter stating that the landlord has two mold inspections that state there are no elevated levels of mold and unless she has a rebutting inspection the landlord is considering suing her for slander for diminution of the value of the house.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Tuesday, February 24, 2015 9:43 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

Leonard,

The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold. Landlord has had 2 certified mold inspectors out to evaluate the property. Both inspectors concluded that there were no elevated levels of mold in the unit. The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn't much we have to work with. The tenant is also spreading rumors that the house is full of mold.

The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant's financing fell through. I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it.

If the tenant is suffering physical pains as a result of "mold", we don't want her in the unit anymore. We also don't want to spend thousands of dollars chasing a non-existent mold issue.

Any ideas?

Todd B. Allen, Esq. | Attorney

Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109
[cid:image001.jpg@01D050F2.0992D5B0]https://www.facebook.com/LindsayAllenLaw https://www.facebook.com/LindsayAllenLaw [cid:image002.jpg@01D050F2.0992D5B0] https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

www.LindsayAllenLaw.com http://www.lindsayallenlaw.com/
[cid:image003.jpg@01D050F2.0992D5B0]http://www.www.lindsayallenlaw.com/

On Feb 23, 2015, at 7:45 PM, Leonard Cabral <leonardcabral@lenslaw.com mailto:leonardcabral@lenslaw.com> wrote:

Todd:
First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD's Quality Housing Standards.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com mailto:Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy.

Todd B. Allen, Esq. | Attorney

Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109
<image001.jpg>https://www.facebook.com/LindsayAllenLaw https://www.facebook.com/LindsayAllenLaw <image002.jpg>https://www.linkedin.com/in/attorneytoddallen
https://www.linkedin.com/in/attorneytoddallen

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909

www.LindsayAllenLaw.com http://www.lindsayallenlaw.com/
<image003.jpg>http://www.www.lindsayallenlaw.com/

landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Todd: The problem with mold is "where was the tenant exposed to the mold?". There isn't a (credible) doctor out there anywhere who can testify that the condition(s) the tenant is suffering is directly related to the mold in the house (unless in the very rare case it is). The exposure could be from work, the grocery store, daycare, etc. Since the landlord has 2 certified mold inspectors (who I assume will testify) and the tenant doesn't have any mold testing results, I agree with Harry, they don't pay they get evicted. BUT I think your problem is that the tenant is paying rent demanding remediation or a reduced price on the house. Can't remediate what's not there. For all you know her symptoms could be from menopause (If you watched the Apprentice you should get a chuckle from that line), or an undiagnosed illness. If her lease is up, evict without cause. If you evict her for unsafe mold in the house the tenant will use your mold inspectors against you. What is the solution? If she qualifies for a lesser mortgage amount, could the owner hold a second? Can you pay her to move out? Where I come from the landlord would just start a fire (only because he doesn't know how to start a flood) :) I think I would start by sending a letter stating that the landlord has two mold inspections that state there are no elevated levels of mold and unless she has a rebutting inspection the landlord is considering suing her for slander for diminution of the value of the house. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Tuesday, February 24, 2015 9:43 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums Leonard, The tenant is complaining of a mold smell and back pains that she alleges are the direct result of mold. Landlord has had 2 certified mold inspectors out to evaluate the property. Both inspectors concluded that there were no elevated levels of mold in the unit. The tenant is making demands on the landlord to remediate, but without some affirmative finding of mold there isn't much we have to work with. The tenant is also spreading rumors that the house is full of mold. The tenant and the landlord had an agreement to sell the property to the tenant, but the tenant's financing fell through. I honestly think this is an effort to retaliate against the owner or at least diminish the value of the property so she can afford it. If the tenant is suffering physical pains as a result of "mold", we don't want her in the unit anymore. We also don't want to spend thousands of dollars chasing a non-existent mold issue. Any ideas? Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com<mailto:Todd@LindsayAllenLaw.com> 13180 Livingston Rd, Suite 201 Naples, FL 34109 [cid:image001.jpg@01D050F2.0992D5B0]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image002.jpg@01D050F2.0992D5B0] <https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/> [cid:image003.jpg@01D050F2.0992D5B0]<http://www.www.lindsayallenlaw.com/> On Feb 23, 2015, at 7:45 PM, Leonard Cabral <leonardcabral@lenslaw.com<mailto:leonardcabral@lenslaw.com>> wrote: Todd: First, who is complaining about the mold?? If it is the tenant I look to see if the landlord knew of the mold before the apartment is rented. If the tenant is complaining usually what I get for the tenant is some $$ to move (amount depends on how long they lived there and if the landlord knew of the mold before renting). I also have my client do a mold test which I would have a landlord do if they wanted to move a tenant out for mold. If the landlord wants the tenant out and uses mold as the reason I think I could make a compelling argument that the mold addendum is against public policy by using HUD's Quality Housing Standards. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com<mailto:Leonardcabral@lenslaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Todd Allen Sent: Monday, February 23, 2015 4:34 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Mold Addendums Has anyone litigated a mold addendum that gives the landlord the ability to terminate the lease for the presence of mold (in the opinion of the landlord)? Interested in hearing if anyone thinks this violates public policy. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com<mailto:Todd@LindsayAllenLaw.com> 13180 Livingston Rd, Suite 201 Naples, FL 34109 <image001.jpg><https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> <image002.jpg><https://www.linkedin.com/in/attorneytoddallen> <https://www.linkedin.com/in/attorneytoddallen> [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com<http://www.lindsayallenlaw.com/> <image003.jpg><http://www.www.lindsayallenlaw.com/> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten