Empathy List Archives

HH

Harry Heist

Tue, Feb 24, 2015 2:42 AM

The purpose of the mold addendum I drafted is simple.

It allows us to terminate a lease in the event there is a serious mold
situation as we deal with many cases where the tenant refuses to vacate and
the situation is a hazard to the tenant or the property. It protects all
parties.

It expands on the usual and common clause regarding termination due to
severe damage, destruction, fire, flood, need for repairs, condemnation etc.

No tenant should live in a situation where there is a serious hazard but
some refuse to vacate or allow the remediation.

I will only recommend to my clients that the mold addendum termination is
invoked in cases where a certified mold inspector determines that the mold
is a true danger. Most mold is harmless.

As for potential abuse, that is your department Leonard. The tenant has a
remedy of the 7 Day rent withholding/termination. They can also call code
enforcement, health department etc. Many tenants will try to use a small
mold situation as a reason to not pay rent while "stewing" in what they
claim is a mold infested apartment. Often serious mold situations are caused
by the failure of the tenant to run the a/c in a reasonable manner,
something we really cannot force a tenant to do.

As for tenant performed mold tests purchased from Home Depot, these are a
complete joke. Mold is a very complex issue. The reason you do not see more
tort claims filed is that rarely can it be shown that the tenant has
suffered health issues from the mold. The expression amongst attorneys in
the earlier days that "mold is gold" is no more.

As a struggling young attorney back in the day, my wife and I decided to
forego getting our air conditioning fixed in our home for almost a year. We
left the windows open and used the ceiling fans. The home suddenly blossomed
with mold. Clothes were ruined, shoes ruined and mold was everywhere.

The mold addendum is a useful tool for a landlord. I rarely see it abused
nor would I take a case where I felt the landlord was abusing it. Quite
often though, we see mold situations caused by the tenant's failure to run
the a/c at all or to excessively use the a/c to the point of causing
condensation on windows which migrates to window frames, sills and walls
causing mold growth which often goes unreported until the situation becomes
severe.

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 Leonard Cabral
Sent: Monday, February 23, 2015 7:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

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

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/

The purpose of the mold addendum I drafted is simple. It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties. It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc. No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation. I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless. As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while "stewing" in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do. As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that "mold is gold" is no more. As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere. The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant's failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe. 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 Leonard Cabral Sent: Monday, February 23, 2015 7:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums 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 <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/>

CS

Cary Sabol

Tue, Feb 24, 2015 11:55 AM

I actually defended a mold claim recently that was filed by a former tenant and the landlord had used Harry's Mold Addendum and it held up very well. In fact, I represented the property manager and the plaintiff didn't collect anything from my client at all. The landlord's ins. co. paid out a small nuisance settlement just to avoid trial, but it definitely wasn't worth the plaintiff's attorney's time. My client followed all the procedures set out in the Addendum by terminating the lease and renting a hotel, but like Harry said, oddly the tenant refused to move out for a couple of months. Hmm, makes you wonder if he was looking for a lawsuit. In any event, the Mold Addendum served both the owner and PM very well as a defense. And if anyone has ever taken the depo of a mold expert, you'll understand why there are very few actual lawsuits filed for mold injuries - (1) proving causation is almost impossible; (2) proving that mold is actually toxic is almost impossible; (3) there's no proven permanent injury from exposure, the symptoms usually alleviate within a few days of moving away from the mold exposure; and (4) most of the time a tenant is just looking for free rent and will refuse to move out for quite a long time, so there's a contributory negligence issue.

CaryLaw Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, February 23, 2015 9:42 PM
Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the

The purpose of the mold addendum I drafted is simple. It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties. It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc. No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation. I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless. As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while “stewing” in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do. As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that “mold is gold” is no more. As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere. The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant’s failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe. 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
Email: harry@evict.comTHIS 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 Leonard Cabral
Sent: Monday, February 23, 2015 7:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums 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.com13180 Livingston Rd, Suite 201
Naples, FL 34109
|

|
[office]
[mobile]
[fax] | 239.593.7900
239.300.3506
239.593.7909 |

www.LindsayAllenLaw.com
|

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

I actually defended a mold claim recently that was filed by a former tenant and the landlord had used Harry's Mold Addendum and it held up very well. In fact, I represented the property manager and the plaintiff didn't collect anything from my client at all. The landlord's ins. co. paid out a small nuisance settlement just to avoid trial, but it definitely wasn't worth the plaintiff's attorney's time. My client followed all the procedures set out in the Addendum by terminating the lease and renting a hotel, but like Harry said, oddly the tenant refused to move out for a couple of months. Hmm, makes you wonder if he was looking for a lawsuit. In any event, the Mold Addendum served both the owner and PM very well as a defense. And if anyone has ever taken the depo of a mold expert, you'll understand why there are very few actual lawsuits filed for mold injuries - (1) proving causation is almost impossible; (2) proving that mold is actually toxic is almost impossible; (3) there's no proven permanent injury from exposure, the symptoms usually alleviate within a few days of moving away from the mold exposure; and (4) most of the time a tenant is just looking for free rent and will refuse to move out for quite a long time, so there's a contributory negligence issue. CaryLaw Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Harry Heist <harry@evict.com> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Monday, February 23, 2015 9:42 PM Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the The purpose of the mold addendum I drafted is simple. It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties. It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc. No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation. I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless. As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while “stewing” in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do. As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that “mold is gold” is no more. As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere. The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant’s failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe. 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 Email: harry@evict.comTHIS 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 Leonard Cabral Sent: Monday, February 23, 2015 7:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums 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.com13180 Livingston Rd, Suite 201 Naples, FL 34109 | | [office] [mobile] [fax] | 239.593.7900 239.300.3506 239.593.7909 | www.LindsayAllenLaw.com | _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Wed, Feb 25, 2015 5:40 PM

Cary:
I agree 100% with 1, 2, 3, and 4. The reason I agree is that I took the deposition of a mold expert and an MD in a mold case (years ago). But there are a few real mold cases out there that the landlord refuse to fix. The way I handle most of these case is to have the tenant make a claim with the insurance company, they will get a mold test and remediate if they think the mold is harmful and in most cases put the tenant up in a hotel. I had a case where the insurance company spent $184k to remediate mold in a home.

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

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Tuesday, February 24, 2015 6:55 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the

I actually defended a mold claim recently that was filed by a former tenant and the landlord had used Harry's Mold Addendum and it held up very well. In fact, I represented the property manager and the plaintiff didn't collect anything from my client at all. The landlord's ins. co. paid out a small nuisance settlement just to avoid trial, but it definitely wasn't worth the plaintiff's attorney's time. My client followed all the procedures set out in the Addendum by terminating the lease and renting a hotel, but like Harry said, oddly the tenant refused to move out for a couple of months. Hmm, makes you wonder if he was looking for a lawsuit. In any event, the Mold Addendum served both the owner and PM very well as a defense. And if anyone has ever taken the depo of a mold expert, you'll understand why there are very few actual lawsuits filed for mold injuries - (1) proving causation is almost impossible; (2) proving that mold is actually toxic is almost impossible; (3) there's no proven permanent injury from exposure, the symptoms usually alleviate within a few days of moving away from the mold exposure; and (4) most of the time a tenant is just looking for free rent and will refuse to move out for quite a long time, so there's a contributory negligence issue.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

From: Harry Heist <harry@evict.com mailto:harry@evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org>
Sent: Monday, February 23, 2015 9:42 PM
Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the

The purpose of the mold addendum I drafted is simple.

It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties.

It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc.

No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation.

I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless.

As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while “stewing” in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do.

As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that “mold is gold” is no more.

As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere.

The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant’s failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe.

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
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 Leonard Cabral
Sent: Monday, February 23, 2015 7:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

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
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Cary: I agree 100% with 1, 2, 3, and 4. The reason I agree is that I took the deposition of a mold expert and an MD in a mold case (years ago). But there are a few real mold cases out there that the landlord refuse to fix. The way I handle most of these case is to have the tenant make a claim with the insurance company, they will get a mold test and remediate if they think the mold is harmful and in most cases put the tenant up in a hotel. I had a case where the insurance company spent $184k to remediate mold in a home. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Tuesday, February 24, 2015 6:55 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the I actually defended a mold claim recently that was filed by a former tenant and the landlord had used Harry's Mold Addendum and it held up very well. In fact, I represented the property manager and the plaintiff didn't collect anything from my client at all. The landlord's ins. co. paid out a small nuisance settlement just to avoid trial, but it definitely wasn't worth the plaintiff's attorney's time. My client followed all the procedures set out in the Addendum by terminating the lease and renting a hotel, but like Harry said, oddly the tenant refused to move out for a couple of months. Hmm, makes you wonder if he was looking for a lawsuit. In any event, the Mold Addendum served both the owner and PM very well as a defense. And if anyone has ever taken the depo of a mold expert, you'll understand why there are very few actual lawsuits filed for mold injuries - (1) proving causation is almost impossible; (2) proving that mold is actually toxic is almost impossible; (3) there's no proven permanent injury from exposure, the symptoms usually alleviate within a few days of moving away from the mold exposure; and (4) most of the time a tenant is just looking for free rent and will refuse to move out for quite a long time, so there's a contributory negligence issue. Cary Law Offices of Cary P. Sabol P.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 ________________________________ IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ________________________________ From: Harry Heist <harry@evict.com<mailto:harry@evict.com>> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Sent: Monday, February 23, 2015 9:42 PM Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the The purpose of the mold addendum I drafted is simple. It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties. It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc. No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation. I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless. As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while “stewing” in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do. As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that “mold is gold” is no more. As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere. The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant’s failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe. 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> 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 Leonard Cabral Sent: Monday, February 23, 2015 7:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums 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 [cid:image001.jpg@01D050F8.4A4DAB60]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image002.jpg@01D050F8.4A4DAB60] <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@01D050F8.4A4DAB60]<http://www.www.lindsayallenlaw.com/> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Wed, Feb 25, 2015 9:37 PM

Harry:
I agree with everything including that most mold is harmless. The insurance companies only took notice when they had to shell out 10 million dollars and burn a perfectly almost new house down to remove a specific strain of deadly BLACK mold. The problem comes in when the tenant invokes his remedy and serves a 7 Day rent withholding/termination (explanation coming) They can also call code enforcement but most code enforcement cannot or will not enforce mold. The health department is completely useless. Try to file a complaint about mold in an apartment and see what happens. I agree that many tenants will try to use a small mold situation as a reason to not pay rent while "stewing" in what they claim is a mold infested apartment but I have seen tenant unload boxes of their belonging and before they can put their belonging away mold grows on the boxes and/or items in the boxes. I agree that serious mold situations are sometimes caused by the failure of the tenant to run the a/c in a reasonable manner but the landlords or property managers do not explain the monthly electricity cost of running the a/c sufficiently to comply with the mold addendum. The RUB comes in when the tenant properly serves a 7 Day rent withholding, the landlord does nothing and the tenant invokes his/her right to termination and 6 months down the road the tenant is getting collection calls for terminating their tenancy early. AND 6 months after that they cannot find decent housing because it is on their credit report (Harry you need to catch up with the CRA's requirement for a "meaningful" investigation even by the sub suppliers of credit reports). This practice pisses me off. I only take the more severe mold cases where I can document that the landlord has had mold issues in the past but I usually never litigate them but negotiate a settlement so the lease is properly revoked, the tenant gets a few bucks to move (if they haven't live there very long), get the return of their security deposit and if the tenant's credit report is dinged at a later date I have a great CRA case.

As for tenant performed mold tests purchased from Home Depot, I do not allow my clients to use these kits. They are a joke. I have an environmental engineering company that will do a test for me for $400.00. I will add that mold is a very complex "LEGAL" issue. I agree partly with your reasoning on tort claims but my feeling is they aren't filed because mold is everywhere and how can an expert witness pinpoint that the mold that is causing a health issues is from the mold in the house or the mold in their car or the workplace. I had the perfect case (or so I thought) where the tenant had lung function tests before and after her tenancy showing a decrease in function but I could not prove that the mold in the home was physically where she was contaminated as opposed to the mold in her car. You said the expression amongst attorneys in the earlier days that "mold is gold" is no more is because it barely got off the ground. There were only a few big cases that cost the insurance companies millions and the insurance companies panicked and starting paying all claims until they got smart and consulted some scientists. I think they still take is seriously but they now investigate the cases. I have heard mold compared to asbestos litigation in the early days and I had to laugh (as I have a minor in environmental science). Mold is nothing like asbestos and the person who came up with that theory only showed how ignorant he was on mold. Don't some people call it penicillin?

Harry hopefully we agree that there are some good landlord and good tenants. There are also bad landlord, some slumlords as well as some bad tenants and deadbeat tenants. Sorting them out is our job.
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 9:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the

The purpose of the mold addendum I drafted is simple.

It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties.

It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc.

No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation.

I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless.

As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while "stewing" in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do.

As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that "mold is gold" is no more.

As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere.

The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant's failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe.

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
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 Leonard Cabral
Sent: Monday, February 23, 2015 7:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

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
[cid:image001.jpg@01D05114.63294830]https://www.facebook.com/LindsayAllenLaw https://www.facebook.com/LindsayAllenLaw [cid:image002.jpg@01D05114.63294830] 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@01D05114.63294830]http://www.www.lindsayallenlaw.com/

Harry: I agree with everything including that most mold is harmless. The insurance companies only took notice when they had to shell out 10 million dollars and burn a perfectly almost new house down to remove a specific strain of deadly BLACK mold. The problem comes in when the tenant invokes his remedy and serves a 7 Day rent withholding/termination (explanation coming) They can also call code enforcement but most code enforcement cannot or will not enforce mold. The health department is completely useless. Try to file a complaint about mold in an apartment and see what happens. I agree that many tenants will try to use a small mold situation as a reason to not pay rent while "stewing" in what they claim is a mold infested apartment but I have seen tenant unload boxes of their belonging and before they can put their belonging away mold grows on the boxes and/or items in the boxes. I agree that serious mold situations are sometimes caused by the failure of the tenant to run the a/c in a reasonable manner but the landlords or property managers do not explain the monthly electricity cost of running the a/c sufficiently to comply with the mold addendum. The RUB comes in when the tenant properly serves a 7 Day rent withholding, the landlord does nothing and the tenant invokes his/her right to termination and 6 months down the road the tenant is getting collection calls for terminating their tenancy early. AND 6 months after that they cannot find decent housing because it is on their credit report (Harry you need to catch up with the CRA's requirement for a "meaningful" investigation even by the sub suppliers of credit reports). This practice pisses me off. I only take the more severe mold cases where I can document that the landlord has had mold issues in the past but I usually never litigate them but negotiate a settlement so the lease is properly revoked, the tenant gets a few bucks to move (if they haven't live there very long), get the return of their security deposit and if the tenant's credit report is dinged at a later date I have a great CRA case. As for tenant performed mold tests purchased from Home Depot, I do not allow my clients to use these kits. They are a joke. I have an environmental engineering company that will do a test for me for $400.00. I will add that mold is a very complex "LEGAL" issue. I agree partly with your reasoning on tort claims but my feeling is they aren't filed because mold is everywhere and how can an expert witness pinpoint that the mold that is causing a health issues is from the mold in the house or the mold in their car or the workplace. I had the perfect case (or so I thought) where the tenant had lung function tests before and after her tenancy showing a decrease in function but I could not prove that the mold in the home was physically where she was contaminated as opposed to the mold in her car. You said the expression amongst attorneys in the earlier days that "mold is gold" is no more is because it barely got off the ground. There were only a few big cases that cost the insurance companies millions and the insurance companies panicked and starting paying all claims until they got smart and consulted some scientists. I think they still take is seriously but they now investigate the cases. I have heard mold compared to asbestos litigation in the early days and I had to laugh (as I have a minor in environmental science). Mold is nothing like asbestos and the person who came up with that theory only showed how ignorant he was on mold. Don't some people call it penicillin? Harry hopefully we agree that there are some good landlord and good tenants. There are also bad landlord, some slumlords as well as some bad tenants and deadbeat tenants. Sorting them out is our job. 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 9:43 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Mold Addendumswish to abuse the The purpose of the mold addendum I drafted is simple. It allows us to terminate a lease in the event there is a serious mold situation as we deal with many cases where the tenant refuses to vacate and the situation is a hazard to the tenant or the property. It protects all parties. It expands on the usual and common clause regarding termination due to severe damage, destruction, fire, flood, need for repairs, condemnation etc. No tenant should live in a situation where there is a serious hazard but some refuse to vacate or allow the remediation. I will only recommend to my clients that the mold addendum termination is invoked in cases where a certified mold inspector determines that the mold is a true danger. Most mold is harmless. As for potential abuse, that is your department Leonard. The tenant has a remedy of the 7 Day rent withholding/termination. They can also call code enforcement, health department etc. Many tenants will try to use a small mold situation as a reason to not pay rent while "stewing" in what they claim is a mold infested apartment. Often serious mold situations are caused by the failure of the tenant to run the a/c in a reasonable manner, something we really cannot force a tenant to do. As for tenant performed mold tests purchased from Home Depot, these are a complete joke. Mold is a very complex issue. The reason you do not see more tort claims filed is that rarely can it be shown that the tenant has suffered health issues from the mold. The expression amongst attorneys in the earlier days that "mold is gold" is no more. As a struggling young attorney back in the day, my wife and I decided to forego getting our air conditioning fixed in our home for almost a year. We left the windows open and used the ceiling fans. The home suddenly blossomed with mold. Clothes were ruined, shoes ruined and mold was everywhere. The mold addendum is a useful tool for a landlord. I rarely see it abused nor would I take a case where I felt the landlord was abusing it. Quite often though, we see mold situations caused by the tenant's failure to run the a/c at all or to excessively use the a/c to the point of causing condensation on windows which migrates to window frames, sills and walls causing mold growth which often goes unreported until the situation becomes severe. 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> 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 Leonard Cabral Sent: Monday, February 23, 2015 7:45 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Mold Addendums 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 [cid:image001.jpg@01D05114.63294830]<https://www.facebook.com/LindsayAllenLaw> <https://www.facebook.com/LindsayAllenLaw> [cid:image002.jpg@01D05114.63294830] <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@01D05114.63294830]<http://www.www.lindsayallenlaw.com/>