I've a tenant who has been renting a studio flat from me for about 7 years. Rent includes heat and electricity. He has always paid his rent on time and been a trouble free tenant using the flat mainly from Monday night to Friday morning, when he returns home for the weekend.
The only problem is, he leaves his washing to dry in the room and then completely closes down the flat over the weekend leaving no ventilation. As a result mold has built up on the walls and ceiling, and despite us asking him to leave the sliding door open a crack and lowering the blinds, which is completely safe, he hasn't done so.
I fully accept we are responsible for the repainting, though this is usually done when the tenant leaves - and it was freshly painted when he arrived.
Because of the mold it needs some extra treatment and I have an offer for CHF 1,000 (42 sq. mt flat) to paint the walls and ceiling.
My wife who administers thinks he should pay half, as it's partly his fault.
The lady who cleans thinks he should pay it all!
I say he has been there so long and is such a good tenant that we make the gesture and just pay it all.
He is actually willing to pay the whole cost but I think it unfair as the extra treatment accounts for only CHF 200, however I have two women against me on this, the main argument being it will "teach him a lesson".
Just curious, what do fellow Forum Members think??
It seems to be his fault for not following your advice, but in the end you need to follow your own conscience and make a decision you are happy with. However, doesn't his (or failing that, yours) home insurance pay for stuff like this?
I would go for the compromise half-half solution, so it registers that he is to blame but shows your goodwill as a landlord.
Just a thought, before you paint would it not be a good idea to create some sort of air vent so the apartment remains secured but aired whilst he is away?
Most of them will have a Selbstbehalt which is probably a few hundred CHF, which makes it a bit pointless if 200chf is potentially the excess cost for the paint job.
Paint in walls has an expected life. This is the ASLOCA info in French about the life duration of household equipment (my translation of Durée de vie des équipements du logement). There are two expected dlifetimes for paint, 8 and 15 years, depending on the type of paint.
I would inform the tenant of the additional costs, but tell them you will cover the costs this time. But in the future any costs due to his negligence will be his response.
Does he really want to live in a moldy environment?
Just an idea: If you can get to a home improvement store and can use a paintbrush, this need not cost 1,000 CHF. Unless the damage is really bad.
We noticed some mold above the door and along the wall at the family home. The source of the damp was found and fixed.
Paint at the DIY store was about 15 Francs plus a few brushes and a tray. We got the paint that is specifically anti-pilz or anti-schimmel or whatever it is. The job needed two coats but nothing has grown back. We were lucky the white color was a match so we didn't need yet another paint after treating the mold.
But the ventilation needs to improve either way or you'll have the same problem again.
As it's his fault, I think he should at least pay half of the cost. The mold needs to be dealt with, not simply covered in a layer of paint.
Am I right in thinking the tenant will continue renting the studio flat?
If so you really need to sort out the ventilation problem, otherwise he'll presumably continue to dry his washing over the weekend and the mould will return. If he won't leave a window ajar, and it's not possible to fit an air vent somewhere (which he has to leave open!), could you find a small dehumidifier?
As for the redecorating costs; personally I'd ask him to pay at least half.
The German sister organisation of ASLOCA, the Mieterverband, has an article about this, called:
Schimmel in der Mietwohnung: Wer trägt die Verantwortung?
I don't know why I couldn't seem to find it on their website, but only through googling:
mieterverband schimmel wer bezahlt .
Essentially, it says that mould can develop from a number of different factors to do with the construction of the building, so that the tenant's having ventilated the premises insufficiently is not necessarily the only cause, although it can certainly be the tenant's behaviour that is sufficient to stimulate the conditions in which a poorly constructed building can develop mould.
If the landlord can prove without doubt that the tenant is to blame, then the landlord can charge the tenant for this, as damages.
However, in the absence of being able to so prove, the costs are with the landlord. Moreover, if the landlord does not remedy the mould - which is plainly bad for the tenant's health - then the tenant has a right to a reduction of the rental until the landlord has provided a fully remedy.
My previous flat was sometimes tricky to ventilate enough without getting too cold, and I remember the papers in the "welcome package" of the Verwaltung saying that enough ventilation is necessary, is our responsibility, and they will claim any damage to paint etc.
Having that said, I really admire your approach to this and I think it's really reasonable if you just split it with the guy on amicable terms.
Thanks for being like that, faith in humanity desperately needs occasional boosts like this one
Legally, in order to charge your tenant, you'll have to be able to prove that your tenant has caused the mold (which is apparently a complicated process).
Now, there is nothing to stop you from trying to charge your tenant or proposing that you guys go halfsies --> but the law does not seem to be on your side.
Unfortunately we cannot drill through walls without the permission of the condominium and it's very unlikely they'll say yes. It's this one flat that's the problem. I have an identical one above it and there's never been a problem with that one.
No, he lives there alone during the week and then goes home. No pets either.
Seems it's been that way for some time, but no-one told me.
None of us are very good with paintbrushes etc. The the time to get the materials, ladders etc. In the meantime someone else has offered to do it, including the washing of the walls for CHF800.
Yes, he's staying on, as long as he has his job here I'd imagine. As I mentioned above we cannot fit a ventilator. However he has assured me he will ventilate the place when he leaves his washing to dry.
Part of the reason I'm also willing to pay, is the fact we have not needed to do any maintenance on the place apart from replace the fridge when the old one of 25 years gave up the ghost. We also put a new sink and cupboard in the bathroom. I made a mistake, as my wife tells me he's been there now for over 9 years.
She also told me it was last painted when I was renting it (it was my first home in Lugano and I subsequently bought the place) and managed to get a "pomodoro" sauce over the kitchen wall. That was 25 years ago!!!
What I meant is that if you rented to an hypothetical someone else, paint may have been damaged anyway. It happened this time with mold, but it can be anything.
Only 25 years, these damned renters that don't care about the property
I'm guessing that you don't provide a laundry room with a dryer or a space where he could leave his wash to dry?
It's not unreasonable for him to leave the apartment for the weekend with everything closed. Indeed, many landlords would complain about heating costs and possible weather damage if he left a window open.
In short, you're instinct to not ask him to help defray the costs is correct. He is
not to blame for the mold, even if he leaves his wash to dry.
I installed a ventilation device in a studio apartment that I own because it has a single window facing a noisy street, thus allowing the tenant to get some air without disturbing his sleep. This approach would solve your problem as well.
There is a large laundry room. 2 washing machines and a dryer, plus clothes line etc. He doesn't like to use the dryer (nor does my wife for some reason) and he doesn't want to leave his laundry on the line in the laundry room over the whole weekend.
Seems to me that 50-50 is pretty fair -- ultimately your relationship with the tenant is worth much more than the cost of a mold treatment! If the tenant has been there a while and is willing to pay, the goodwill will be worth more than anything IMO