Expert: Russel Ray - 8/7/2007

Question
Hi, I'm writing  this in hopes of helping my 81 yr old dad with the mess he has going with his tenant.  He owns a older well-maintained home in a prestigious Michigan town.  The tenant has stopped paying rent and has vacated the home claiming mold contamination has resulted in his wife's health problems.  Dad wishes to sell the property, however the tenant has threatened to go after the proceeds if he does.  He sent dad a inspection report from a company called IAQ management Inc. Dad had a contractor go through the home and he claims it looks fine.  Can you offer any advice? Dad's lawyer is doing nothing it seems, this has been going on for months, the place is draining my dad financially being empty.  Dad wants his lawyer to make him prove there is a real health hazard, I say go ahead and sell as is.  Can you offer advice???

Answer
Hey, e.

Mold can cause health problems, but a contractor or a management company probably are not the right people to go through the home to make any claims about looking fine when it comes to mold. A mold specialist or a home inspector would be a better choice. The home inspector would be less expensive and could tell you if mold is present (but he won't call it "mold" since one would need to do a lab test to determine if it actually is "mold") and where it's getting the moisture it needs to grow and cause health problems. Understand that mold exists everywhere; it's typically when we give it moisture and allow it to grow uncontrolled that causes health problems.

As far as the tenant going after proceeds of a sale, I'm not sure what the tenant has in mind. A landlord can sell his property any time he chooses, but I do agree with your dad in that it is up to the tenant to prove the health hazard. However, if the tenant decides to prove it via a lawsuit, your dad will have to spend money defending himself. And there are many attorneys who will happily take on a mold lawsuit, especially against landlords; their mantra these days seems to be "Mold is gold!"

My recommendation would be to get an impartial inspection by a good, thorough home inspector and then put it up for sale if you like. The home inspection will tell you all the major defects that exist in the home, including any water intrusion issues that are, or might be, causing mold to grow.

If you need a good, thorough home inspector, I can help you find one. Just let me know what city you are in and I can get you a list of several good, thorough home inspectors who could help you.