Texas Rental Rights

[dad 557]

My brothers started renting a home in Aledo this month. Within the first week, two neighbors approached the and informed them that the past two tenants left the home due to health issues related to "black mold". They got it tested and it did not test positive for black mold but the A/C vents did have a lot of mold that needs to be addressed. I'm telling them to be smart about how they word their letter so the purpose of this post is for you guys to review this request from them and let me know if anything should be changed or if specific codes can be referenced where they aren't. Thanks!

Edited March 31, 2019 by dad

[dad 557]

XXX XXX

XXX@gmail.com

(817) XXX-XXX

Subject: Repair Request for property at XXXX, Aledo, TX 76008

Date: 4/01/2019

XXX XXX,

On Friday, March 22, 2019, a Texas licensed mold assessment consultant was hired to conduct an inspection of the property due to a concern over visible mold growth found in and around the air ducts and vents. This was prompted from two neighbors giving us unsolicited feedback about the previous two tenants having left the home due to health concerns from potential black mold. One neighbor went as far as to say that the tenant before the last tenant was in the hospital with cancer.

The consultant report states, “The HVAC system is grossly contaminated with visible fungal growth. Professional cleaning is required to be performed under Texas Mold Rules and Regulations provisions. A TDLR licensed mold remediation company is required to perform or oversee this job to reduce the risk of cross contamination of the home and all the contents inside of it.” Attached is the Limited Preliminary Water Impact, Microbial Inspection Report & Mold Remediation Protocol as provided by the consultant.

In accordance with the lease and Texas Property code § 92.052 Landlord's Duty to Repair or Remedy, any condition that materially affects our physical health and safety should be repaired and paid for by you, the landlord. This letter serves as an official request to have to take the action proposed by the consultant and perform a full cleaning of the HVAC system to be paid in full by yourself, the landlord.

Per Texas state-required disclosures a landlord must disclose the presence of environmental and health hazards including lead-based paint, mold, radon and bedbugs. Due to the fact that two neighbors approached us to inform us that the previous two tenants had left the home due to issues related to mold and one of them allegedly failing to recover their security deposit after leaving early due to this reason then it could be proven that you, the landlord, were aware of this issue yet the HVAC system appears to be untouched and uncleaned. Due to this failure to disclose this mold growth we would at least ask that in good-faith you provide a refund in the amount of $550 for the testing that was performed and paid for by us, the tenants. This could be in the form of a cash payment or deduction from the next month’s rent.

Respectfully submitted,

My little brothers

[KaiserSoze 998]

Go home dad, you're drunk.

[dad 557]

Go home dad, you're drunk.

This migraine sure does feel like I’m recovering from a hang over.

[UTPhil2006 3,818]

Is it a management company, or just a landlord?

[dad 557]

Is it a management company, or just a landlord?

Just a landlord.

[UTPhil2006 3,818]

May want to just have them try calling and just tell them whats going on.  That letter is very legalese and could set up a future of standoffishness.  

[freyguy 4,305]

Find a new rental

[immamac 43,255]

Yeah time to move out, landlord is clearly not going to give a shit. 

[dad 557]

May want to just have them try calling and just tell them whats going on.  That letter is very legalese and could set up a future of standoffishness.  

Something I’ve also kept in mind. I told them after this assume your security deposit is gone no matter what.

[dad 557]

Find a new rental

Breaking the lease won’t be easy. Prob lose the deposit. These guys are just starting their new jobs they can’t afford to do all that yet. They are both engineers at Lockheed now so they will be able to soon if they so desire but I would rather they just ask him to clean it and see what happens. IF he doesn’t want to then we apply the pressure referenced in the letter.

[dad 557]

Yeah time to move out, landlord is clearly not going to give a shit. 

Especially if someone really is in the hospital for cancer and after that the next tenant moved out after two months due to this very reason and he didn’t give the deposit back and didn’t even fix the issue before renting again. If that’s true I want this guy to hurt a little. But not much they can do short of assuming the deposit is gone anyway so taking a fat dump on the carpet on the way out.

[Gil Bang 26,058]

I think that they could recover their security deposit. It may be necessary to sue the landlord in small claims court as the home is obviously not habitable

[TwiceHorn 31,619]

7 minutes ago, dad said:

 

Breaking the lease won’t be easy. Prob lose the deposit. These guys are just starting their new jobs they can’t afford to do all that yet. They are both engineers at Lockheed now so they will be able to soon if they so desire but I would rather they just ask him to clean it and see what happens. IF he doesn’t want to then we apply the pressure referenced in the letter.

Letter is legally pretty spot on.  But the advice to fix amicably if possible is solid.  Don't send the letter until/unless ready to break the lease.

Also correct on security deposit.  Can't take it just to pay rent allegedly due, landlord needs to itemize legit repair deductions.  Of course they can just make shit up and hope you don't sue.

Edited March 31, 2019 by TwiceHorn

[dad 557]

Letter is legally pretty spot on.  But the advice to fix amicably if possible is solid.  Don't send the letter until/unless ready to break the lease.
Also correct on security deposit.  Can't take it just to pay rent allegedly due, landlord needs to itemize legit repair deductions.  Of course they can just make shit up and hope you don't sue.

Roger that, I will tell them to do just that. Although if he doesn’t budge after a phone call then I feel like the letter should immediately change from please clean this to you better allow us to break this lease and return the security deposit otherwise we are going to take you to small claims court and any fucking cough or lung issues we may have we are going to come after you to pay medically. Or maybe send that letter. Wait a month then jump to that kind of letter. Thus the clean request letter can serve as evidence if it does escalate to small claims issues. If he’s smart he’ll fucking pay the little $500 to clean it and even offer to pay the test fee on his own but I don’t think he is.

[zork 629]

A few practical things to consider till they resolve whatever they will:

• Get a 20" x25" allergenic filter you would normally put in the plenum.  Cut it to fit the vent covers for the bedrooms so any particulate is caught in the filter.
• Get a UV air purifier/filters to run in the bedrooms.  
• If you are smart about it you can use an Ozone generator to kill the mold as long as you are able to ventilate the rooms and be out of the house for several hours as you ventilate the ozone away.  (read about the dangers of Ozone, but also why people use them for mold issues at the same time)

 

[NeverMarryAStripper 21,980]

If they do end up leaving, document the condition of everything with pictures. If the landlord tries to fuck with the security deposit sue in small claims. It’s really easy and fun.

[zork 629]

https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-texas.html

[immamac 43,255]

Why do they want to stay in the house? 

[housious 468]

11 minutes ago, immamac said:

Why do they want to stay in the house? 

Maybe it has great wainscoting

[dad 557]

Why do they want to stay in the house? 

I’m not sure if they want to stay or not but as I stated above it’s less of a hassle and costly to stay. I’m assuming the guy will fix it either way. Moving means they will probably not get their deposit back just like the last people. Have to fight him to break the lease. Have to immediately pay another deposit elsewhere and first months rent. Rent another UHaul. It’s a lot of costs for someone who hasn’t even received their first check and who’s head is swirling from starting their first real job. They’ve already had to borrow several thousand dollars from my parents to get started.


Sent from my iPhone using Tapatalk

[dad 557]

A few practical things to consider till they resolve whatever they will:

• Get a 20" x25" allergenic filter you would normally put in the plenum.  Cut it to fit the vent covers for the bedrooms so any particulate is caught in the filter.
• Get a UV air purifier/filters to run in the bedrooms.  
• If you are smart about it you can use an Ozone generator to kill the mold as long as you are able to ventilate the rooms and be out of the house for several hours as you ventilate the ozone away.  (read about the dangers of Ozone, but also why people use them for mold issues at the same time)

 

Thanks for the tips. I will relay them to them. I’m assuming the whole ozone thing would be unnecessary if the vents get professionally cleaned?

[dad 557]

If they do end up leaving, document the condition of everything with pictures. If the landlord tries to fuck with the security deposit sue in small claims. It’s really easy and fun.

For sure. And another reason why sending this letter will be great evidence. I also told them to put the mold in the inventory and condition form which they did. And the guy didn’t do anything about it yet or even mention it lol. They were waiting for test results but the form was due so they just stated visible mold or build up in vents and ducting.

Lesson learned in their part but they should have mentioned this before renting and saved he head ache. They were in a rush though.

[dad 557]

https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-texas.html

Good resource. This is where I obtained a lot of information used to draft the letter.

[zork 629]

Just now, dad said:

 

Thanks for the tips. I will relay them to them. I’m assuming the whole ozone thing would be unnecessary if the vents get professionally cleaned?

 

I'm not certain.  I have a few rent houses.  Read about this recent expeience with one of my renters who apparently decided the last few months of the lease to breed rats and feed them dog food.  Left me a disgusting mess that had the place stinking to high heaven and infested to the hilt. 

After a couple of months and 40 rats trapped later, seriously, the house was trashed and stunk horribly.  Mopping, wiping everything down, pulling the kitchen cabinets that had nests underneath them(horribly disgusting),  using odor-ban, vinegar and water solution in cups all around the house for day and in the return.  Still stunk horribly.  

Had Terminix come out and do a full house sealing of the exterior.  Had the complete attic insulation removed.  Still stunk really bad, although some better.

 

Then bought this Ozone generator(had never used one before but apparently property managers use them to remove mold and other smells from what I read online):

https://www.amazon.com/gp/product/B00JAP7388/

Have been running it off and on for about two weeks in the garage, in each of the corner rooms of the house, in the living rooms, in the kitchen.   The smell is almost gone. And hopefully after another week or so along with more mopping, repainting, etc, it will be ready to re-rent.  What a fucking beating.

That said, read about the dangers of Ozone before you run it in the house if people are living there.  I could run it with near impunity because nothing is living there now.  All rats and rat loving tenants are gone.  Hopefully the rest of the smell is gone as well.  I couldn't sell or rent it in good conscience if it weren't.

 

[dad 557]

Holy shit how in the world did they live there. Must have been crack heads. I would want to be the kind of landlord that performs bi monthly inspections of the house. Can you write that into the lease?

[zork 629]

2 minutes ago, dad said:

Holy shit how in the world did they live there. Must have been crack heads. I would want to be the kind of landlord that performs bi monthly inspections of the house. Can you write that into the lease?

Let's just say I originally turned them down for the rental but let him talk his way in.(regrets, I've had a few)  

[Gil Bang 26,058]

2 hours ago, zork said:

A few practical things to consider till they resolve whatever they will:

• Get a 20" x25" allergenic filter you would normally put in the plenum.  Cut it to fit the vent covers for the bedrooms so any particulate is caught in the filter.
• Get a UV air purifier/filters to run in the bedrooms.  
• If you are smart about it you can use an Ozone generator to kill the mold as long as you are able to ventilate the rooms and be out of the house for several hours as you ventilate the ozone away.  (read about the dangers of Ozone, but also why people use them for mold issues at the same time)

 

That all seems sensible, but wouldn't it be easier to just NOT use the HVAC system until this is resolved?  That seems like a no-brainer to me. 

[zork 629]

Just now, Gil Bang said:

That all seems sensible, but wouldn't it be easier to just NOT use the HVAC system until this is resolved?  That seems like a no-brainer to me. 

yea, right now that works but in a few weeks it is going to get hot, hot, hot.  We started using the UV air purifiers about a decade ago and have noticed much less sniffling/sneezing from the kids and us in general.  Living in the big city(DFW) particulate happens even without the extra BS you would get with the OP mentioned conditions.  Changing your return air filter along with the other items seems to really help.