TX - tenant is asking for 2 month's rent to move

[Texas1]

Our tenant called to report tiles of the shower wall caved in. We sent a repairman and removed the sheetrock and then replaced the tile walls with new tile. When the wall was removed, mold was spotted on the inner walls. We proceeded to replace the sheetrock with new ones and she came back asking to stop the construction that she didn't want her baby exposed to any mold and to get an expert to see if this was toxic mold they were exposed to. We sent in a mold inspector for testing and he recommended we get a mold remidiation co. Tenant called saying we must provide a place for them to live while the place gets fixed or they will move out but we must return the full security deposit plus this month's rent $ 1700 (which 2 weeks have already gone by) or they will take us to court and sue us. Upon inspection there is a bathroom leakage, mold in closet, under sinks that was never reported to us. Needless to say, no good cleaning habits and a lot could've been prevented if regular maintenance/cleaning would have happened.

Any suggestions on what course of action to take?

[AFFA]

I wish to inform you that your tenant will have to pay rent till the date tenant is residing in the premises. As premises are being used by tenant thus tenant has liability to pay rent for that period. Further security deposit is required to be returned after deduction of any damage caused to premises by tenant. As mold being caused because of negligence of tenant thus tenant may not blame you for breach of contract.

AFF

[Arguendo]

Yes, the tenant certainly bears some responsibility here, no doubt. But, please do keep in mind that a landlord has as duty to provide and maintain "habitable" premises. One aspect to consider is, if not already tried, speak with your insurer and see if they can provide any coverage in terms of temporary alternative lodging. Just a thought...hope it works out!

[MCinTX]

"When the wall was removed, mold was spotted "

This could not have been reported, much less cleaned, if it was not visible untill the wall was removed.
It appears the tiles in the shower were not properly sealed; a reasonable person would anticipate water to be in a shower, so the shower obviousely was not fit for the purpose intended.
How could mold behind tiles be caused by tenants negligence ?
This is a construction issue, not the fault of the tenant..

However, if there was mold on the sheetrock and the sheetrock was replaced, I would want to know what the tenants reasoning is that it is unsafe ??

[goddessoflubboc]

Because there is more to the story. The inspector recommended mold remediation. We had mold in our house from a leaking hot water heater. Replaced the heater and Sheetrock, 2 weeks later mold was back.

There is either more mold or a bigger element causing it (leaking fascia maybe).

[Friend In Court]

Originally Posted by Texas1 Our tenant called to report tiles of the shower wall caved in. We sent a repairman and removed the sheetrock and then replaced the tile walls with new tile. When the wall was removed, mold was spotted on the inner walls. We proceeded to replace the sheetrock with new ones and she came back asking to stop the construction that she didn't want her baby exposed to any mold and to get an expert to see if this was toxic mold they were exposed to. We sent in a mold inspector for testing and he recommended we get a mold remidiation co. Tenant called saying we must provide a place for them to live while the place gets fixed or they will move out but we must return the full security deposit plus this month's rent $ 1700 (which 2 weeks have already gone by) or they will take us to court and sue us. Upon inspection there is a bathroom leakage, mold in closet, under sinks that was never reported to us. Needless to say, no good cleaning habits and a lot could've been prevented if regular maintenance/cleaning would have happened. Any suggestions on what course of action to take?

There is a good probability that if your tenants sue, they will prevail. Whether the leak in the bathroom was evident or from behind the walls is not clear from your post. Since mold remediation is required for which one could expect temporary accommodations to be provided for by the landlord, my recommendation is that you negotiate with the tenant for moving cost -- $1,000 - $1700 -- reduction based upon what you claim is damage that occurred, or could have been mitigated had they notified you earlier. And the work needs to be done. That may appeal to them over the hassle and expense of going to court. Considering you believe these tenants less than ideal for their housekeeping, their moving out and terminating the rental agreement might work in your best interests in the long run.