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  1. #1
    Join Date
    Jan 2011
    Posts
    19

    Default How to Prevent Tenant from Suing Over Mold Exposure

    My question involves an injury that occurred in the state of: WA

    My house has been found (via air sampling) to have elevated levels of mold spores in the crawlspace, and this bad air is apparently carried into the living area via the heating ducts that pass through the crawlspace. Both I and a tenant shows signs of allergy. I'm in the process of getting this fixed, but it may take a few months or longer.

    The tenant (a friend) has been told about the mold issue but has chosen to stay, possibly because I let her live here for free. I just want to make sure she doesn't sue me in the future for her allergy, or if she gets sicker. Can I just have her sign a paper "I, xxx, will not sue home owner yyy for mold related health issue", or is it more complicated that this?

  2. #2
    Join Date
    Mar 2013
    Posts
    15,646

    Default Re: How to Prevent Tenant from Suing Over Mold Exposure

    Yes, it's more complicated than that.

    Waivers don't prevent lawsuits. They just give you a potential defense. But juries are sympathetic to injured people so I suggest you both get out and stay out until the place is fixed.

    There is no reason that this has to take a few months or longer.

    You pay the right people the right amount of money and it shouldn't take more than a couple of weeks.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,500

    Default Re: How to Prevent Tenant from Suing Over Mold Exposure

    You could always tell her that she is more then welcome to leave and come back when the problem is fixed. She will most likely stay, if she gets sick and sues, you can use the defense that you gave her the option to leave and come back when the issue was fixed and she choose to stay. This may not get you clean off the hook, but it will take most of the negligence off your chest.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,185

    Default Re: How to Prevent Tenant from Suing Over Mold Exposure

    Quote Quoting Who'sThatGuy
    View Post
    You could always tell her that she is more then welcome to leave and come back when the problem is fixed.
    She's a tenant, so a landlord cannot simply ask her to leave without raising issues of unlawful eviction and compensation.

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