I apologize for the long post but I’ll try to provide as much info in the least amount of words.
I completed rehabbing a 2 br, 2 bth, SFH w/basement last October, 2007. Based on the slumping real estate sales market, I decided to put the house up for rent. While it was listed for rent, I discovered a moisture issue in the basement I thought was originally fixed during rehab, had come up again in the utility area and slowly made its way into the finished area. Based on the time of year and the fact that no major leaking or flooding had been witnessed, I decided to address the issue after the winter in the spring of 2008. Of course, I not only had a dehumidifier running out in the open, in the middle of the basement, I disclosed the issue to all potential renters who looked at the property. I expressed to each and every one, I am aware there is a moisture issue, but the extent and severity is unknown and it will be addressed during the spring of 2008. As such, I was only offering short-term leases, 6 months at most.
I found a tenant who was informed of the moisture issue and agreed to a 6 month lease. He reviewed, proposed changes, and ultimately signed a lease agreement. Among the many provisions in the agreement was the topic of the security deposit, what would cause the tenant to forfeit it, and when it will be returned (or deducted from) after completion of the lease agreement.
Recently, there has been terribly snowy, rainy, cold weather in the Northern portion of Illinois and it has been discovered that the moisture issue has worsened. In order for him to move on and for me to address the issue a.s.a.p., the tenant and I mutually agreed to terminate the lease agreement 2 months early. When I informed him I plan on meeting him on the lease termination date to pick up keys, he asked about the deposit. I then informed him I wouldn’t be able to walk through the house on the same day we meet, so please give me time to do so and I’ll let him know if there are any deductions and so forth, within 30 days, as outlined in our lease agreement (as well as Illinois state laws I believe).
This is when my tenant proceeded to send me several text messages, in a threatening manner, stating it would “be in everyone’s best interest” if I brought the entire security deposit the day I get the keys from him. He then proceeded to tell me it was his right to call a village inspector, have him/her inspect the house for mold, and if there is any found, the house would be red-tagged and I would be responsible for his lodging for the duration of the lease or until the mold issue is remedied. I have several questions about my tenant’s attempt to “extort” money from me:
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It was my understanding that if a tenant had an issue or repair they wanted addressed, they needed to inform me in writing, including a reasonable amount of time for the issues or repairs to be addressed. If this is true, then the only notification I have of any mold in the house is his text message. Wouldn’t a mold inspection have to be done by a professional, and the findings be attached to his written request to remedy any issues?
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If I call him on his threats and he does decide to get a mold inspection, who pays for it?
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There are 2 br and 1 bth upstairs while the other bathroom is in the finished portion of the basement. If mold is found in the basement, and it is deemed a health risk making it uninhabitable, does that mean the whole house is uninhabitable? What I’m getting at is, the 2 br’s and other bathroom are upstairs while the basement is enclosed. Would I have to provide lodging if just the basement contains mold and it isn’t severe enough to make the entire house uninhabitable?
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Lastly, the tenant has a friend living with him, which we agreed to in the lease agreement. However, his friend is listed in the lease agreement but not as a tenant, only as a person using the dwelling as living quarters. If I do have to provide lodging because of mold repairs, does that apply to the friend? Or only the individual listed as a tenant in the lease agreement?
I apologize for the long post and I realize it is only my side of the story. But I am seeking to remedy this situation in the most proper, legal manner, and everything I’ve posted is true and factual as I remember them.
Thank you very much to all who respond.
BPP