Tenant moves in about 4 months ago. Late paying rent each time. Each time I deliver 3 day notice, etc. Each time they pay up (after numerous excuses/lies). This month they are late again, I deliver 3 day notice telling them this is their last chance (i.e., no payment w/in 3 days I will have them evicted).
Court was yesterday and I’ve been through a few evictions proceedings prior so I was prepared for most scenarios. Except this time tenant hired a lawyer and filed an “answer with counterclaim” stating the tenant will move out, but wants all past rent refunded due to house being “unliveable due to mold”.
Now, the first time I heard anything about mold was about the same time tenant received their court summons (about 1 week before court). Tenant called me to tell me they had everything they owe, and by the way they found some mold in a closet – the carpet seems to be damp. I have a plumber fix the problem within 2 days.
Any thoughts? Does having some mold in a closet make a house unliveable? Since the tenant only notified me about the mold about a week ago entitle them for a refund of all rents paid?
I’m interested in all of your responses!