Landlord Question and Answer Forum

New tenants on a Lease Purchase want out

I just signed a lease on a home that I was trying to sell in PA with a couple who wanted to do a lease purchase. We signed the leason on Saturday. Today they called me and told me that they found mold in a corner somewhere. I did not know there was any mold in the house or I would have mentioned it or taken care of it prior. I told them that I would have a professional come out and do a mold inspection. And, technically, I do not even need to do that. The way the lease purchase contract has been set-up, I am not responsible for ANY maintenance or repairs. They were planning on buying the home, so any improvements made were only to their benefit. I am not really a landlord here. But, I would have paid for the mold thing just to be nice. But, they are now freaking out that their throats are scratchy and that they have moved everything back out. They want out of their lease. They paid me an option fee and their first month's rent so far. What should I do?

been there, done that. They found a better deal...let them out but keep the deposit that I HOPE your contract said was only refundable as a downpayment for the purchase. GET TEM OUT OF THERE! Their deposit will cover a month till you find a new person. MAKE THEM SIGN AN INSPECTION document, that they find nothing or xyz wrong and fix that one item. unhappy tenants make gray hair for landlords

Posted by cornelis v, CT on Thursday, August 19, 2010

I'm sure by now you've figured out the solution. but... Keeping the deposit could create legal problems if they do have testing done and prove the mold was in fact toxic types. Granted it may be tough to prove but with the right amount of money on the table (I.E. the total cost of the home) there's a lawyer that would jump on it. And that doesn't mean it's not a real case of mold. They could have found a better deal but for right now they're tenants. This means it's your responsibility to remediate mold. They may have found a water leak or anything else that violates the "Truth in lending" or disclosure laws. Especially if they can find the previous tenants who attest to letting you or your repairman know there's mold. Even if he didn't communicate it to you, it's the landlords problem.

Posted by Paul F, CA on Wednesday, September 07, 2011