When my tenants of two years lease was almost up and they learned I did not wish to renew it they went from being cooperative to trying to create a false "mold and moisture" issue and now are countersuing me as I try to remove them via eviction. They have not paid rent for 3 months since the lease expired and also have tried to block me from inspecting the house with various excuses, like telling me they have "covid like symptoms" (they used that one to have the eviction hearing postponed) and telling me they would not allow me to bring any witnesses along when I was in the house -- would only allow me in if the police accompanied me (which I had to arrange today.)

I have known for a year that their cats had trashed the carpet with unine in the den/living room (which they also used as a third bedroom). They denied it was their cats (despite having un-neutered male cats, in violation of the lease) and claimed it was a "dead animal in the wall". But I had an animal removal company evaluate the rank smell in the room and they said, absolutely cat pee, and lots of it.

Since the covid moratorium would not allow me to evict them until last month, I did what I could to abate the damage, buying and providing them with Earthcare mineral sorbent bags and telling them to stop shampooing and spraying the carpet, which was only driving the pee into the padding and hardwood floor beneath. I figured I would just have to replace the carpet once I got them out, though their paltry $800 damage deposit won't go far with that, especially now that I know the hardwood is saturated and had to coat it with $80 worth of the KILZ anti-odor oilbased sealant.

But because they ignored my instructions and continued to soak the carpet and then seal up the air ducts and close off the door to that room so there was no heat or AC circulating, they kept the room dark and damp and then claimed that "mold in the house ruined all their things". I was never shown any items with mold on them but since the last time I was in the house 2 months ago and today there are now mysterious small patches of what look like small water spots with greyish spots in that room and the kitchen. Plus it looks like someone scraped paint and the ceiling plaster off along one wall near the eaves in an upstairs bathroom to make it look like a roof leak. There is NO evidence that the roof (which is only 8 years old and which I had inspected when I bought the place 3 years ago) leaks at all.

And I also have a service contract for the HVAC systems and have had them checked, adjusted and certified every 6 months while they lived there, even paying for complete cleaning of the AC compressor and paying myself for HEPA filters for the furnace. The house was completely remodeled within the past 10 years inside and out and was pristine when they moved in.

Also since I was last at the house 2 months ago I see that someone has ripped down the soffit along two sections of the roof, exposing the wood.

These scammers apparently pulled this stunt on their prior landlord, which I found out about too late, after they had been in my property for over a year. They are claiming roof defect and leaks, and mold "making them sick" although a mold removal company they paid to make an inspection only reported a "moderate" amount of common non-toxic spores in the two ceiling spots -- the type they reported is common environmental mold (like the spores that make a week old loaf of bread slightly white or blue.) They had also hoarded up the basement when I was there in August and September with old rags and carpet scraps, broken furniture and toys that looked like they had been dragged out of other peoples trash and smelled of mildew. And they were not running the dehumidifier that I had provided with the lease, even though the last few weeks of summer here this year were record rain and humidity. When I went there today with the police officer they had gotten rid of all that stuff.

They are trying to fight eviction despite owing me over $5000 (soon to be $6500) in back rent and utilities and suing me for $8000 in unspecified "mold damages."

I have to appear before the magistrate on Friday for both my eviction action and to defend myself against the "mold and roof leak" claim. How does a landlord defend themselves against fabricated "damage"?

Besides being the owner/manager of my rentals I'm also a contractor that has many professional landlords as clients. One big problem, like yours, is gaining entry with an uncooperative tenant.

My first major encounter was a family that told a "Health Department Annual Inspector" that they wanted their apartment painted. The County Health Department ordered me to paint the apartment. So I made an appointment and when I showed up, they refused entry. For my second appointment I took with me my long term painting contractor and his team of 2 people, we were turned away again. Then I made a third appointment, taking with me another painting contractor, and we were turned away once more. I then was ordered to a Health Department Hearing with the City Housing Administration Prosecutor.

They wanted to throw the book at me. When I told them my story they didn't believe a word I said. So I called from the hallway my two painting contractors and my buildings resident manager who set the story straight.

They told me I could simply post a 24 hour notice and enter weather my tenant likes it or not. So I posted a notice and went inside the unit to paint. The tenants children called the police saying, " a strange man had entered the apartment and our parents aren't home". The police showed up wanting to arrest me for unlawful entry.

I showed the police my 24 hour notice to enter, by then I had 5 notices going back a month. My Health Department order to paint the unit. And my invoices I paint two other painters to try to paint but the tenant wouldn't let them in since because of the paint problem they weren't paying the rent. So the police said, "Evict them"!

What people don't know in Los Angeles, if you have a violation, you can not evict a tenant for any reason...You have to fix the problem first.

Just curious if you are you in Philadelphia or Harrisburg. Evictions happened everywhere else for well more than a year.

We had a tenant try the mold lawsuit when there was just some mildew due to their negligence in calling us for a bathtub drain leak and their failure to clean.

I am in Allegheny county, which had their own covid eviction moratorium beyond the federal and state, which kept being pushed back and finally ended on 10/31/21. And there are local organizations trying to impose it again!! Nobody seems to care about property owners (many around here, like me, only have one rental and this one was 40% of my income) and how it affects us when we are not allowed to be paid for our "product". Imagine if the law said that people can take all the groceries they wanted from a store without paying, or drive a car off the dealer's lot without paying for it. When I tried to find legal advice or even an attorney to help me, all the searches came up with was services and resources for tenants. It appears landlords are considered unworthy of protections and automatically we are greedy Simon Legrees throwing innocent paupers out in the snow. I'm a retired single woman whose only income outside the rental is $1800 a month from Social Security and $260 from a small annuity. I still have my own mortgage and expenses and have had to sell things and cash in some of the small investments I counted on for additional income to cover for these slobs who have lived rent and utility free for 18 months.

Sorry to rant but this has been 3 months of hell with no end in sight. God knows what shape the house will be in by the time I get them out. Their last landlord told me they left all their furniture and crap in the house after he paid them over $2000 "cash for keys" to clear out and drop their phony "mold" claim against him. They moved in with nothing and stuffed the house with junk and furniture they collected free from FreeCycle and Craigslist -- I'll bet they do that at every place they rent. In fact the "mold" is probably stuff they scraped off some of that junk (and from the urine soaked carpeting).

I know there are people who really needed rent assistance but these scammers really did not. They are self-employed getting cash or PayPal from their landscape clients and the wife waits tables and doesn't report her tips. They have no bank accounts (so my chances of recovering expenses even if the magistrate rules in my favor are slim) and they keep bags of cash stashed in the house.

I did get a call just 30 minutes ago from a county welfare agent who said they approved the couple just now for 5 months of additional rent relief so they are supposed to be depositing compensation in my checking account in a few days. Honestly, I would rather not get the back rent, just get them out before the trash the place. I had originally planned to sell the house I am in now and move into the rental house myself last year before I got stuck with them due to covid. But now I am so disgusted with the situation I just might sell the rental and walk away. Who knows how much it will cost me to clean it up and repair their vandalism, though.

This couple are masters at working the system and delaying removal. I have lots of documents and photos and records of my text and email exchanges with them. So I thought I was in good shape for the hearing Friday. But now I see today that they have manufactured "water damage" to try to prove there is a "defective roof". And they somehow either bribed or blackmailed the local building inspector to file false claims. I have already submitted evidence of his misdeeds to the BUI inspection company he works for. He could lose his certification and job over this but meanwhile I am stuck with bogus "violations" that he filed with the magistrate who is hearing the eviction case.

Interesting. I've just gone through the same thing here. Tenant screened well, initially started off paying on time but slowly started slipping away. Paid but first two days late, then three, etc..

In September I did my first Pay or Quit notice. She did pay within the required 3 day time but not all of the late fee. Still I thought the lesson had been learned. No luck...October the same issue...same Pay or Quit notice which was not fulfilled. Filed for the dispossessory.

Her response to the court was a long letter stating there was mold in the house, I had been notified, did nothing, everyone has asthma, blah blah blah. Attached copies of pictures which were of poor quality. I had never received a notification of any of this and I immediately did a 24 hour notice to inspect the house, went in, took pictures of the same areas in her pictures...nothing. The tenant was at a funeral out of town but to make sure I didn't steal anything from her (her comment) her boyfriend was there to protect the property. When I commented I could see no mold he said they had to "clean it up".

Today was court day. The tenant complained I was evicting her because of the mold. I stated I had begun the process of eviction due to failure to pay rent. Much emotion on her part; daughters breaking out in a rash, can't breath, each day when she comes home she must go around the house with a spray bottle full of bleach to get rid of the mold, lots of tears. I wondered what the heck she was talking about since I was just there last week for another inspection and saw...nothing. Judge finally cut her off and granted my request but asked if I wouldn't mind waiting until the end of the month since next week is Thanksgiving. I agreed as I was happy to get her out and I'm assuming the tenant is mad as a wet hen because she didn't want an eviction on her record as her eventual goal is to purchase a house.

It is true that these tenants will talk themselves silly to the judge. She spoke for a good 10 minutes on how she and her family had suffered. I think I probably said 25 words the entire time.

Nick,

Go back over their app and your screening to learn how they scammed you. Help is all learn from your screening mistake.

This is a good example of the need to evict when trouble surfaces.

Hire a pitbull atty.

I could not evict them even though I knew a year ago their cats were trashing the carpet because of the covid eviction ban. And they still deny that it was cat pee that forced me to pull out the 4 year old carpet and ruin inch thick vintage hardwood under it by having to seal it with the oil-based Kilz. I did keep the wood carpet tack strips I pried out and double bagged in plastic -- open that bag and the ammonia and funk makes you gag. I will have it in my car parked outside the magistrate court if the judge wants evidence. I had mentioned I had kept that and the tenant (who acts like she is on the Jerry Springer Showwoth her hissy fits) claims I faked ot by having my own cats pee on it. Hmm, like I force fed them beer and then squeezed them over a pile of shredded tack strip. Riiight.

Nicole: On one hand get what you are saying. But I have to be prepared to defend myself against unspecified counterclaims that the tenant has filed against me that will be part of the eviction hearing. I have evidence (like invoices from professional services and inspections and the physical proof of pet urine they are trying to deny and blame on me as an "existing condition.") These grifters and their unknown "lawyer" have their playbook down. Trying to bully me into losing it in front of the judge while they play the suffering innocents role.

Since the county covid relief program suddenly called me today to tell me the tenants managed to get approval for rent relief for the past 3 months that will be paid to me next week, I no longer have the rent default portion of my eviction complaint, only their continued damage to the property and their attempt to defame and sue me.

What does the fine print say on that rental assistance?

Just be prepared to say the following: "

Your honor, if it is true that my place is so bad - why are they struggling to stay there? Only thing I can think of is they are taking advantage of me and are not paying rent"

So if the mold you say is fake, then you don't have to worry about it. Air quality isn't a typical issue in Pa courts. If it exist - the judge is going to throw the gavel at you. But since you say it doesn't then it is a non issue. Maybe it only exist in your mind.

Just a recommendation when you file in the future - 3/4 down the page where they ask about other breaches of the lease - fill it out so it doesn't become a pay and stay situation. Instead, tell the judge that the tenants cats are tearing the place up causing what you see as a health issue. Suddenly the defense they might be using is gone. Nicole has provided you some sage advise and if you need one on one assistance....I am out here in the wild west with you - a couple hours north

Bad hearing. Judge cut me off after 8 minutes, took almost none of my evidence. I went in with just a little but tenants had piles of it and he let them ramble for 45 minutes of lies and took most of their paperwork and photos and copied it, only gave me some of it. Would not let me object when they brought in new "issues" and claims that were not listed on the original counterclaim (the PA eviction hearing handbook says I am allowed to do that. Kept telling me he "didn't need" to hear my responses when I tried to speak to defend myself. When I said I had specific evidence to refute what they had said I told him I had it for some of the claims but since I was not aware of the new claims I would have to get from my archives at home (like emails and texts that contradict their timelines and statements. But he said I was only allowed to give him what I had with me. I started to gather my papers off the table to hand to him.

But then he stood up and told them they would have to vacate in 10 days since I had filed timely notice and they had stayed beyond the lease. But told them they could file appeal with higher court. Said he would review what they had given him and decide on their $8500 counterclaim by Wednesday,

Does your lease specifically say that all repair request will be in writing and given to you?

They can claim anything they want, but if you are not informed - then its all hear say.

Doesn't sound that bad to me. Going forward, like stated above, quick and easy and basic. He cut you off after 8 minutes.... sounds like he allowed you say say a lot more than "notice given/waived, rent in the amount of $xxx per month, security of $xxx, rent due and owing $xxx." Truly, nothing else is needed from you.

You got what you wanted - them out. Take the money when it comes next week and on day 11 (you need to double check what the actual date is with the holiday - I always ask the magistrate for the actual date, not "10 days" - then the tenant hears it directly in the court room) file your paperwork. Do not wait until day 12. Although the magistrate ordered them to leave, they don't have to leave in that 10 days. If they don't, you go back, pay another $100ish and have the constable post the property for possession - another 11 days.

To appeal the possession order, they have to pay to the prothonotary either the judgment amount or another amount but I can't remember what it is. They seldom do since they don't have any money. If they have a do gooder lawyer, he may be able to file some type informa paupris paperwork.

Nicole, Actually they do have money. There are 3 adults in the household and all work, though mostly for cash (waitress tips and lawnmowing) and they have had ALL their rent and utilities covered for 18 months by ERAP or me as well as getting Medicaid, SNAP, CHIP, ADC and unemployment. All they have had to pay is electric bill. Their game according to their prior landlord is to stay in the property and harass and counterclaim the landlord while damaging the house to fake "water damage and mold" until the landlord gets fed up and gives them cash to move out. They paid a couple of contrsctors and friends of theirs to write "inspection reports" that claim that "missing gutters could cause water to leak into home" But the only two small water spots are where the tenants apparently ripped down the soffit covers on the roof overhang in two places. Both spots are on the first floor and smaller than my hand with a tiny patch of mildew that was not there in September before the soffit mysteriously vanished. One spot, two feet inside the room is directly under where they had a freestanding AC unit ( one of those that looks like a dehumidifier) sitting in the kid's bedroom so my guess is they did not properly set up the condensate drain so it soaked through the carpet and wood floor from above. There has never been any visible wetness on any wall inside the house except the one 3' strip of loose paint at the ceiling line where the defective gutters overflowed against that wall 2 years ago. Since the judge never showed me the photos they gave him I can't even know if they were of my house!! Of course all the contractors said the house needs repairs but that is what they want homeowners to do whether it is warranted or not, pay for work. Hell, I was a professional estimator for 30 years! I don't even know why a contractor would issue a report to a tenant rather than the property owner. When has a renter ever hired a contractor to do work so why would they aggravate an owner by helping a tenant try to claim a house was "neglected" or " defective." Like why am i going to ever want to hire a contractor who r_t-f____ed me with a magistrate? I suspect the contractors were personal friends of the tenants or were bribed. Also founf out tenants friend's father works for borough and may have removed my occupancy permit from the rental file that triggered the violation for illegal occupsncy before they magically found the two year old paperwork. So yes I already called a lawyer who specializes in code and landlord cases.

By the way, tenants did NOT bring a lawyer and told the judge they were getting advice from one but had not retained one. I had figured they were lying to me about having a lawyer. A lot of the "evidence" they gave the judge was so stupid it actually was more benificial to me than them so no lawuer would have told them to present it. Like they were trying to "prove" I owed them for stuff they claim was "ruined by mold" though it has never been produced for inspection yet they gave the judges the rejection letter from their rental insurance carrier telking them they don't pay claims on stuff that is mildewed from basement storage.