Q: Tenants failed to use ventilation in the bathroom and improper setting of dual thermostats caused molds in the property.
Hired three technicians and they all stated attic is well insulated and that hvac and ac unit are clean and functioning properly. All technicians concluded that setting the thermostat to 72 upstairs and 67 downstairs created excessive condensation that led to mold.
Per mold inspector, he found rotten food under the bed and pile of moldy water cups in the closet that also contributed to mold growth in the property. They also failed to use ventillation in the bathroom that caused premature rusts in all the bathroom fixtures and mildew in the ceiling. I have written statement from the technicians and videos of the filty room. Tenants failed to notify my property manager about the mold until our property manager conducted the annual inspection. Tenant stated that she thought it was just a mildew and she tried to scrub it off but couldn’t get it to come off. As a landlord do I have a case? I have property manager who refuses to represent us in court.
A:
Unless the property manager is also an attorney, he or she cannot represent you in court. You may, of course, be able to require them to find a Florida attorney for you and to appear in court to testify. That would depend on the terms of their contract.
Can you document that the tenants were properly notified of their duty to take specific measures to prevent the mold and that these measures were required by their lease? If so, you may have a case.
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