Topic: Resident moves into a mold free unit. After living there for 7 months they report mold that…

Resident moves into a mold free unit. After living there for 7 months they report mold that, when observed, is completely consistent with not doing a good job ventilating (e.g. exhaust fan) or cleaning, and is easily cleaned with household cleaners.
They begin to howl about their rights and mold remediation.
How do you proceed?

I've seen managers try to "hold a resident responsible" for mold growth many times. 99% of the time the resident will move out or not push the issue any further. But one time the manager tried to play hardball with the wrong resident and got her ass handed to her by the company after the resident got a cheap moisture meter from lowes and took readings showing elevated levels in the sheetrock and baseboards- definitely not surface mold. She also sent a picture of her newborns moldy crib to the regional and owner. I was one of the contractors that did the repairs. That company is so lucky their manager didn't get them into some serious legal trouble. Don't mess around and underestimate mold problems in apartments, there's a variety of causes and the cost of being wrong can be staggering. Regardless of the cause, the hallmark of good management always resolving any health or safety concerns first, then assessing which party is responsible

Jonathan Cheville well said. The cost of being wrong is very high, both from a health and safety perspective as well as a financial one.

Jonathan Cheville this is what I was going to say as well.You have to be absolutely certain that it is surface growth only, and wasn’t made worse by high moisture content hidden somewhere else.I’ve seen apartments that look IDENTICAL in damage, one with exterior issues one with interior humidity issues only.In both situations the resident was not following the lease and operating the HVAC properly however, but the one with the moisture issue wasn’t nearly as negligent with their usage but still ended up with the same damage.

Meghan Foster It's definitely one of the trickiest issues not only to diagnose, but to handle in general. A small part of me misses the challenge, but only a very small part lol

Jonathan Cheville I spent a little time doing marketing and operations for an indoor air quality company and learned all I will ever need to know about mold helping write those remediation protocols

I would call in a Mold Remediation company and have them do an inspection. They can tell the resident and you what they see and if it is "surface" mold how to take care of it. But you have to protect yourself and the property, people are sue crazy and I am sure they can find a doctor to confirm their "mold" related illness

Donna Blackman fair. Will the remediation company be able to determine whether this is due to resident, or should we proceed with the expectation that financial burden will be ours?

If it's surface mold, a wipe down with bleach will take care of it. I would put them on notice that our is their responsibility going forward to keep it clean and moisture free by using exhaust fans, etc. Just having them know it is not "black" mold should help keep them quiet and you have done your due diligence, taken their concern seriously and investigated their concern.

Donna Blackman thanks for the feedback. We are definitely taking it seriously. It's clear that the resident is not acting in good faith, so we are slightly hesitant to overextended ourselves, but we are proceeding as though it's serious.With the understanding that you're not a mold professional or legal professional: does the fact that it was easy to wipe off imply it is very unlikely to be black mold, and that the unit is not unsuitable?

It could be like the "mold" around your bathtub caulk, it needs to be cleaned, same with those lovely orange, brown spots that appear on the ceiling over your shower. Call a professional to make sure what you are dealing with and then you can create a plan from there!

You can also let them know that if the unit has no readings of abnormal quantities of mold spores and/or deemed resident cause/damage then the resident will be financially responsible for all testings and services.

Just an FYI, in most of the apartment complexes pre-2000 the exhaust fans were installed at 40 - 60 cfm, also all replacement motors are 40 cfm, new rule of thumb since 2016 is to have your maintenance staff when ordering and replacing an exhaust fan, use a minimum of 80 cfm exhaust fan or higher, this will further reduce any surface mold/mildew and reduces liability. It is a good practice upon move-in to do an info sheet on certain things one of them being the bathroom exhaust fans and why there needed, failure to maintain / clean the fan and bathroom can lead to additional charges

Donna Blackman absolutely. And surely did a move in inventory sheet

Donna Blackman I agree with this. Protect company first, deal with tenant and lease second.

I would get with your RM. We don’t do anything unless it was caused by our building (pipe breaks, etc). If they claim mold, they can get it tested but we aren’t paying for it. I would tell them it’s mildew and they need to clean it and use their vents. The mold test also means nothing unless they do an air test. Mold is everywhere but the levels in the air is what cause issues - not on surfaces. Be careful with remediation companies. They make their money on the remediation, so if they find “mold” (and they will - it’s everywhere) they will recommend a remediation that will cost you - that’s their job. You can find testing companies that don’t do remediation - that is your best bet if you go the testing route. Again, they must also test the air (they compare outside air to inside air to determine mold levels). Any good company knows to do this. Have fun

Shelly Griggs I am an RM which is probably why I suggested it! It is what I would do!

Donna Blackman I am too (25 years) but I do things differently, which is okay. I was raised in construction and told a long time ago to never have a remediation company do the testing.

Shelly Griggs if you have a good relationship with one it works. We have one who did our rehab so we use them when needed for resident concerns with no issues.

Donna Blackman good relationships don’t hold water in court against a resident with good attorneys with rebuttal mold remediation companies. Paper trail from start of lease and all actions win cases.

Bob Miller of course it does. I never said you deceive or take the easy way out. That's why you start with a reputable company and go from there. You have to make sure you have done all that you can to ensure you and your residents are safe. And you will have the reports to back it up of it every goes to court.

Shelly Griggs this is the exact same way we handle this situation

it’s more common to use a separate air quality testing pre- & post-remediation. Using the remediation company test will almost always end in a costly remediation.

Amber Smalls agree

We have a "mold information and prevention " addendum that the first line states "preventing mold starts with you!" If you have this refer to it. It state what the resident is responsible for and what the landlord is. This is a standard addendum in Texas.

Samatha Figarella would you mind sharing this with me?

Samatha Figarella and me too please....

Lynn Walker a Google search pulled it up. I’m in TX too and this is a standard form. carbajalrealty.com/.../2015/06/mold-addendum.pdf

I have no affiliation with that mgmt company

Lynn Walker I sent it to your messenger

Josh McKibben ty

If it is visible and they didn’t note it on the move-in inspection and didn’t notify you as soon as it first appeared, then they are presumed responsible for it.

Judy Drickey-Prohow coming from someone who knows. Hope you are doing well.

Shelly Griggs You also. Miss talking to you

Inspect, remove surface mold, moisture meter reading to ensure no leak is present, check ventilation/fans - tie in bathroom light to fan. Air quality test but I do this through my attorney.

Add a mold addendum to your leases.

There is a difference between MOLD and MILDEW

All you have to say is mold sensitivity and we let u out of your lease agreement and give all your deposit back without any deductions. Just go. Than we investigate systems and cause of the mold, moisture levels, hvac systems, water leaks etc. If all okRelease apt. So often some of our earthy residents dont use the ac. Humidity for us in August can be up to 80%.Seems like we release a resident every couple of years.

I would put a humidity reader in their apartment and go in at different times to get readings. We did this once for a tenant complaining of mildew/mold. They never had a reading below 70 and once had a reading at like 97!!!! It was ridiculous. They never opened windows.

Rachel Lynette Payton just to add on this idea, there are some readers that are Bluetooth or wifi enabled, so you could set it up for a period of time. I used some that were about 1.5" in diameter.

I would call a company and have the air tested

Do you have any documentation to support your claim that it's caused by the resident and not a problem with the apartment?

If it’s bathroom we have exhaust fans that run all the time . Not loud and saves many from mold

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i explain how to clean and kill any type of bacteria that is assumed mold. I also explain that the assumed mold was not present at the time of move in and true mold does not just appear that quickly. I try to help understand the differences in mildew and mold and different care and still test for the potential to have all bases covered.

Take sample and send to lab.

I hold them responsible for all damages.