Mold Clause For Rental Contract?
I would like to add a clause in my Rental Contract that could help indemnify me from any claims due to mold in my rental properties.
Does anyone have a good one?
Would you be so kind as to share it?
TIA,
John
The only thing I can think of would be to give a booklet of information about it and have them sign off that they understand the risks and agree to live there anyway.
As a landlord, we still must present a habitable residence. I'm not sure if you could waive your right to claims due to mold. If mold is overgrowing the place it is your responsibility to remedy it.
I found this article in Apartment Magazine ....
Toxic Mold
Claims for personal injury and property damage caused by mold growing inside apartments are rising dramatically. Although there is a bill in Congress to study the issue, there are currently no federal or state guidelines regarding toxic mold. Last year, the state of California passed legislation to study the issue, but fell short on funding during the budget crisis this year.
A claim of simple negligence on the landlord’s part is all that is currently needed to file a lawsuit. Toxic mold cases, following lead-based paint and asbestos, have become the next big tort wave to hit the rental housing industry. Less than one year ago, a Sacramento court awarded defendants over $2.7 million for toxic mold-based injuries and property damage. The significance of this case is not just the amount of the award, but for the first time in the nation a verdict was awarded for the plaintiff based on their alleged personal injury as a result of toxic mold. In 2002, a Los Angeles case settled for several million dollars involving eight families in federally subsidized housing. Some of the claimed injuries were respiratory problems, skin rashes, headaches, lung disease, cognitive memory loss and brain damage. Generally, insurance carriers argue that if the infestation of mold is due to the lack of routine maintenance, the owner is most likely not protected. Therefore, the most important issue is what caused the loss. Documentation of the cause for mold growth is, therefore, extremely important in these cases.
We also recommend that you address mold in your lease. Document and clearly outline what the residents’ responsibilities are regarding their maintenance of the premises so that the growth of mold is prevented. Also, the lease should lay out the residents’ responsibility for notification to the landlord and removal procedures.
My specialty is residental RE but before I got in this we had a small store (1500 square feet) in a commerical shopping center for 15 years. Our landlord was always willing to negotiate - depending on his vacancies and the length of the renewal.
I believe the CPI is the Consumer Product Index. Google for more info than you need.
How long have they been paying that amount,? is 2100. hundred the original amount of rent or was this an increase by you or by previous landlord. How many years was the Lease for? If you think an increase of 1000.plus one will assume that the rent values for similar spaces in your area have been elavated a lot how else you will have the gutts to ask such an increase. Have you checked others similar properties to see what they charge? If not then do it and try to be reasonable. What kind of business do they operate????
I want to evict because they wont sign a year lease, and I dont want to stuck in the middle of winter with no tenants
They wont sign because they are looking to buy a house. I have never rented my house until them. They have been my one and only tenants. Im wondering if I evict them on Sept 1, if the process could end up screwing me if they stay, I have to go to court---seems like I might end up empty in the winter? NAyone know the court process? HOw long, etc.
You give them a notice to terminate lease. In FL we must give 30 days, but it is customary to give 60 days notice. If after the notice period they do not move, then you file for eviction.
Are they refusing to move out?
If so, stop accepting their rent and evict them.
When was their lease up? Does your lease state 30 day notice or longer? I have had this experience several times. Usually they will start looking in Feb or March and move in April or May. Offer them a 6 month lease that rolls to a mo-mo with a 45 or 60 day notice to terminate. I would guess they want to buy next spring. Talk with them and tell them your concerns. Raise the rent sufficiently for a mo-mo so that you can cover a winter vacancy. Talk with them to create a win/win with them.
Depends on the Local State law. In virginia, even
if you file an eviction, you can collect rent , but must
make sure you send them a letter or notice that
you are "accepting the rent with reservations". This
way you are not out off your money.
I just evicted my tenant after just 52 days in the
property. They slipped the rent for the first month
by over 5 days. The main reason was they violated
the lease by renting out a room and then getting into
issues with the person renting the room and they
had to keep callin the cops. I just wanted them out.
I filed for an "unlawful dentention" based on missed
rent payment. I got a court hearing date about over
3 weeks into the future. On the date, the judge offered
his judgement of possession. I then need to file the
second stage after a waiting period of 10days. Once
the second stage is filed, the sherriff will then call
you to make an appointment to handle the eviction.
On the day of eviction, you will need to hire a locksmith, an eviction mover company etc. This is all
big $$.
Lucky for me, the tenant moved out on their own after
the day the judgement was awarded. I had to tell them
that eviction record is bad for their history.
Good luck.
-Krish