1.       Mold is everywhere. Many homes can have a positive air quality test and there will be nothing wrong with the home.   The detection of elevated mold spore levels may indicate a problem.

 

2.       Store bought mold testing kits are unreliable.

 

3.       Termination using the Mold Addendum of the Heist Weisse & Wolk lease can be done if the professional mold or air quality test clearly states that the home is so dangerous that the Tenant must vacate.

 

4.       If your Tenant states there is mold, the home should be visually inspected first, and if you have any concerns or doubts, it should be professionally inspected for mold.

 

5.       If the mold problem can be fixed easily, it should be immediately fixed. If you must repair or replace an area no greater than 10 square feet and there are no air quality issues, you do not need a licensed mold remediator.

 

6.       If repairs needed are such that the Tenant MUST vacate the premises for an extended period of time, then you may be able to terminate the lease in accordance with the Mold Addendum of the Heist Weisse & Wolk Lease.

 

7.        Most HVAC ducts are filthy and disgusting. Duct cleaning is often unnecessary and is often a scam. Duct cleaning can also damage flexible ducts causing greater problems.

 

8.          Terminating a Tenant using the Mold Addendum is not to be taken lightly or used simply as a method to try to remove a complaining Tenant. It is an ADMISSION that there is a serious problem and could subject the owner to liability.

 

9.         If you do see that there is a mold problem and you do not want the Tenant there anymore, you should always try to have the Tenant sign an Agreement to Vacate or a Mutual Termination of Tenancy or offer in writing that the Tenant can break the lease with ZERO penalty.

 

10. Always determine what the Tenant wants before serving notices as the Tenant may willingly vacate.

 

11. Often there is a limited amount of mold caused by a small leak or moisture source.  Once the leak or moisture source is corrected, the mold can usually be cleaned up and the problem is usually solved. Always have your licensed contractor view the problem prior to contacting a professional mold or air quality testing company.

 

12.  Heist, Weisse & Wolk cannot review a mold or air quality test.  We can only assist you in terminating the lease if you have something in writing from the professional mold or air quality testing company that clearly states that the home is so dangerous that the Tenant must vacate or repair work must be done which requires that the Tenant vacate the premises.

 

13. Do not share any mold or air quality test with your Tenant or allow any mold or air quality test professional to have any discussions with your Tenant.

 

14. Judges do not care about your insurance or lack thereof and have no mercy for delays caused by you “working with” or “waiting for” your insurance company or the adjuster.  

 

15. We can only try to assist you if you come to us immediately when there is a report by the Tenant of mold.

 

16. You are not required by law to put a Tenant up in a hotel. You must get proper advice from us before taking any action or we cannot assist you.

 

17. Any leak or moisture intrusion should be dealt with immediately if necessary.  You are NOT required to wait for permission from the insurance company to have water damage mediation done.  You should notify your insurance company immediately, and you are allowed to mitigate the damages immediately.

 

18. Only use a professional water damage mitigation company that is reputable and has experience in handling water, mold, and flood damage in rentals.

 

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