Need some advice...or suggestions...or prayers

[Quitbuggingmeandgoaway]

So my wife and I moved to North Carolina two years and 3 months ago. We couldn't sell our house in Virginia but we were fortunate enough to rent it out. We had a family sign a 2 years lease and all went well. We had it rented out through the agent who sold it to us in 2011. Aside from the once in a while problem everything was fine. They then signed an additional 2 year extension but then less than a month later we found out they were going to back out because they found mold in the house and it was making their daughter sick. We found out they discovered the mold six months beforehand and never said anything until late July of this year. Mainly the mold is next to the fireplace (due to a presumably leaky chimney) and in the basement.

The family ended up having to purchase another house that was newer and free from mold. They looked feverishly to find another place but couldn't find another place that was mold-free so they ended up having to purchase another. My father and I intend to go up to the house to clean it once they vacate, but the soon-to-be ex tenant is really laying it on thick about how most of their stuff will have to be pitched, etc. I think he is trying to suggest that he wants compensation for his stuff, etc.

The thing is, my wife and I lived in that house for five years and we never had any problem with mold. I'm kind of worried we could get sued for this. I'm also worried that we may never be able to sell the place. My realtor (who handled the lease for the house) suggested the tenant is exaggerating and the mold isn't that bad, and is telling me I need to hire an expert to test for mold and that it can be cleaned myself (i've done it before at my parents' house). But I guess with my Anxiety, ADHD and Asperger's, i'm worrying too much about the future. Has anybody had a problem with mold? It sucks having a house 4 hours away that we are trying to sell. We're open to renting it out again but fear that mold could come back. Part of me wishes if I can't sell it to just let it foreclose and save the difference and buy a house when i'm ready. I'm just at a loss of what to do and this is really eating me up inside. I am having trouble functioning over this. I get sick to my stomach. I know I can't do anything about it here but it just eats at me. Please, if anyone can have any suggestions, I'm open to them. Thank you in advance.

[AnaKhouri]

A few years back we had a slow leak inside the wall of our old house, resulting in black mold. Not sure how your insurance is, but ours paid for everything. It took five months to get rid of it completely, but a lot of that I believe was due to the incompetence of the restoration company the insurance company recommended (our agent no longer recommends them based on our experience). At no point did anyone suggest we trash our furniture or possessions.

My advice based on my limited experience is to get it assessed and go from there. I really don't think you owe your tenants anything, especially since they knew about it and didn't tell you. Did he there has been a problem, you may be obligated to tell future renters or buyers about it and provide proof it was taken care of, which means you might have to hire professionals. At least we had to disclose and provide proof when we put the old house up for sale.

And I feel you, we're trying to sell our old place that is 8 hours away (none of the issues we have had with selling it have related to the mold though). Good luck!

[Ironclad Alibi]

If they knew about the mold and didn't tell you then they may be liable for paying damages caused by a mold. Definitely a situation in which a lawyer should consulted if they pursue the matter.

[notalwaysright]

If they knew about the mold and didn't tell you then they may be liable for paying damages caused by a mold. Definitely a situation in which a lawyer should consulted if they pursue the matter.

Yeah... I would also question the fact that they signed an extension then found the mold AND that it was making their daughter sick so quickly. Doesn't it normally take a while to link an illness to mold? It seems like as long as the house was in good repair you shouldn't have to pay for their stuff since you were not made aware of the problem. But that's why the lawyers should be involved, to make sure of this.

I have to sign some document regarding mold whenever I move into a new place and I know for sure I'm supposed to tell them the instant I see mold and I'm supposed to always use the bathroom fan and not cause excess condensation. I walk by one unit that I believe has a portable washer/dryer, because I often see the vent out the window. But when it's cold they don't open the window to put the vent out, and all the windows are sweating tons of water on the inside. That can't be good, and I'm sure is in violation of some part of the lease. We joke that mildew is our state flower, and it can be a real problem.

[greek_jester]

Part of me wishes if I can't sell it to just let it foreclose and save the difference and buy a house when i'm ready.

Do not under any circumstances do this. It will trash your credit rating and you will have terrible trouble trying to rent, buy, get a credit card or get a loan/lease.

As so many other people said above, consult with an expert. Both a lawyer (if you can get a free consultation) and with an expert about mould. The expert will be able to work out where the mould is coming from and, hopefully, how long it's been there. They may also be able to tell you how long the renters should have known about it; if it was for a decent period of time and they didn't bother to tell you, they may be liable for any damage done due to not notifying you (e.g. if it was caused by a leaky roof and the leaking has caused other damage, such as to roof joists).

Finally, there's no way you're liable for them having to replace any furniture. Sounds like they want to kit out their new house and are trying to get you to do it for them. The only way you would have been liable would be if you were told about the issue, didn't do anything, and furniture became damaged due to you ignoring the issue (e.g. water damage). Since this is the first you're hearing about it, tough luck to them.

[Quitbuggingmeandgoaway]

So an update for you. We got a mold inspector to come in (certified) and he found no mold. NO MOLD. That was music to my ears. Lowered my blood pressure and heart rate. What the tenants believed to be mold wasn't mold at all. The mess next to the fireplace was due to gutters not draining properly and the supposed basement mold was just stains on the wood from the icemaker dripping. This has changed the outlook of everything, including the realtor. We were talking short sale and now we're talking about actually selling at a slight profit? I haven't spoken to the tenant but i'm wondering how pissed he is that he's tossing everything. However, i'm still not going to bother holding the guy to the lease. Some tell me I should really go after the guy for breaking the lease, but I think he was overly paranoid about the mold and sticking with it. Just not worth it having to go after him especially from 4 hours away. I also have a theory that he may have damn well had mold in his furniture that he's tossing. I also found out from the realtor that his wife was quite up in arms about moving out as she wasn't getting sick and loved the house. Realtor told me they are expected to leave the house clean.

Next month, dad and I are going to do the small fixes suggested by the inspector (roof joists/boots, clean the gutters, and clean out the HVAC vents) and have it ready to tour by Mid-November. Thank you all for the kindness. The words "NO MOLD" were total music to my ears. The inspector said the fixes are very easy and the house will be ready for sale/tours. We're also promoting it on social media. It's a great house in a nice little town with a lot of great features.

[TheSHAD0W]

Just because mold exists also doesn't mean it's going to be a huge problem either. Sometimes it's fairly easy to clean up. Depends on the situation.