I did a limited mold inspection for a renter about a month ago. The homeowner called me up this morning wanting a copy of the report because the renter is ‘making false accusations’. The reason isnt important. I know in PA in a real estate transaction, the homeowner has the right to the report as well but this isn’t a real estate transaction.
Any pearls of wisdom are always appreciated.
IMO, the homeowner has a legal right to all Radon, Mold, Lead, and any other health related hazardous condition reports generated of the home inspected. Strongly recommend you consult with your attorney if you question this for your locality.
This is not a Home Inspection so the rules/standards must come from somewhere else.
Do you have a State Radon Program you can inquire to?
Why would the OP inquire about a mold inspection to the state radon division?
Did you have the owners permission to test his property?
If not then you may want to consult an attorney.
Why would a renter get a test if they didn’t want the owner to know the results? Isn’t that the whole point of the test?
How did the homeowner even know that the mold inspection. was done by you? The renter can’t have it both ways…imho.
I’m with JJ on this:
Does the agreement between the tenant and yourself address confidentiality? Basically, who you can share the report with?
Yeah, my bad. In the middle of a bunch of phone calls. Department of Agriculture then…
Working for renters just went around in another thread and this is exactly what all of use were talking about… it’s stepping in the middle of a fight between the renter and property owner. Run Forest Run!! Don’t work for renters!
Notice that this article DOES NOT mention the responsibilities of the tenant to REPORT mold conditions to the landlord!! As usual, it’s a one sided arguement targeting the Landlord. This is how all the battles start between tenants and landlords… INTERNET GARBAGE!
This is easy with asking the tenants a few simple questions when interviewing them beforehand…
Obviously, the owner has been notified of the possibility of mold by the tenants, satisfying the tenants responsibilities. IMO, the landlord could be held liable if they do not act accordingly. The OP’s responsibility is to the tenants (his client) not to the landlord. The article simply addresses some remedies that tenant can take in this situation. The best advice for the tenant is to consult an attorney.
According to PA home Inspection Law: The term [Home Inspection] …does not include an examination that is limited to inspection for or of one or more of the following: wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards.
Therefore, since the term “Home Inspection” does not include environmental hazards, such as mold, then the PA requirement that “The seller shall have the right, upon request, to receive without charge a copy of a home inspection report from the person for whom it was prepared” should not apply.
No, not obviously!
Timing is everything, which the OP did not state.
Typically, a tenant does not divulge the “test results” until they are ready to “confront” the Landlord with not paying their rent! By then, it could be a full blown invasion costing many thousands to remediate the problem!
ASSume nothing. “Facts not in evidence”!
I object. Speculative.
Dun-dunnnnn!!
I don’t see why the landlord (property owner) is entitled to anything. You performed a service for the tenant. If you had measured the rooms for carpet (or windows for drapes) is the landlord then entitled to your measurements or estimate? What the tenant does with it is not your concern. Make sure your mold agreement specifies that it is a point in time measurement and may be different (higher or lower) on a future occasion (this is the same for Radon). It is not always possible that you can duplicate the initial result.
The tenant can supply the owner with the results if he so desires. Don’t become the “middle man” in a tenant landlord dispute and don’t let either one of them suck you in with the threat of “legal action.” If it’s not in writing on a bonafide legal stationary its a bluff. It may well be a bluff if it is on legal stationary. Call it!
Personally if they didn’t pay me, they have no right to anything, if the tenant has a complaint, I am sure they will share the report
Wow. Thank you al, for the replies. It was an air quality test and it actually did come back normal so essentially there was no evidence of mold. It was a short report where i cited issues lime missing gutters and staining of ceilings, etc.
I agree with the one post that said not to work for renters. That will be a new rule for me. It does seem to apply to the law that states that the homeowner has the right to the report but i will read those more carefully tonight.
Thanks again all.
Be sure to read more into WHY a Purchase Agreement REQUIRES permission to perform any kind of testing, eg. Radon, Mold, Lead, etc.
IMO, (even though this wasn’t a RE transaction) it falls under the same ‘Purview of Law’.