My tenant caused a big clog in the sewer drains that caused a backup under the kitchen sink with sewer water up through the dishwasher vent pipe and down into the basement that then caused water damages and MOLD under the sink. The roto machine pulled back a small piece of torn up cloth and threads. Tenant said she ran garbage disposal when clog happened?? Tried to neg. a 30 termination of lease for tenant to move out due to extensive damages and MOLD remed. needed, kitchen needs to be torn out. A contractor said 2-4 base cabinets need replaces and counters torn out and replaced and vinyl flooring, etc. $4500. to $6000. in damages. Tenant fighting back and wants deposit back. Tenant reported me to Denver Health Dept. for MOLD in kitchen, then are suing me in small claims court for $5400.for deposit last months rent plus $2000. for their inconvieniece and moving expenses. Also, they will not let me into property with contractor for bids and I have an access clause with NO limitations.
Sharon,
First, the tenant is liable for damage caused beyond normal wear and tear.
Second, if the house has been damaged and is uninhabitable through natural causes, the tenant must leave no fault to the landlord.
Third, the failure to allow you into the home to allow you into home is a breach of lease.
Honestly, you have so many issues here that we really need to talk! Much of this is dependant upon the terms of your lease.
I'll be happy to point you in the right direction through a free initial consultation but based on the extent of the damages and the claims your really should consider hiring an attorney.
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