Can my tenant sue me?
2 attorney answers
She could sue however you would file a countersuit for rent and utilities. Tenants, quite often, threaten lawsuit as a tactic to have the landlord offset rent and/or consult an attorney and realize they have no claim.
The tenant must notify you of any defects. Unless you knew of mold or were negligent which would be very hard to prove then tenant has no case. Further she must prove damages. It is not enough that mold exist. The tenant must show injury.
Unfortunately, being a landlord is a business and as such you should document everything. She could sue, but she would have to show that the mold caused her injury. She may have also caused the mold, which is a problem for her case. Further, her denying access once mold was discovered would also be a serious problem with her case. I suspect that your tenant is all talk, but you never know. If you intend to keep a security deposit, be sure to provide the tenant with details of the damages. Security deposits are easy for landlords to mess up.
Given that there could be Mold, you should get a professional to evaluate the situation and clean it up before renting the unit again. Many landlords have large insurance policies, and you should as well. It is worth considering setting up a corporation or entity to limit your personal liability for rentals.
Good luck finding your next tenant. Be sure to vet them thoroughly, including a search of online court records.