Question on Mold in your lease agreements
I was given a lease template that one of my real estate friend uses. His dad is the biggest RE player in the county they live in so I assume it was ran by a lawyer, but I haven't asked. On the lease there's a section that talks about mold, and if the tenant suspects there is mold then it's their sole responsibility and at their cost to get it tested. And if it is mold, again it's the tenants sole responsibility to get it cleaned at their cost. I've googled landlord/tenant Mold issues and have seen mostly that it's the landlord's responsibility. Can someone with experience on this chime in here? I don't have any mold where I live that I am planning to rent out here in a few months. I just don't want this to back fire at me if in case there's something in the future and this lease agreement backfires at me in court.
Jerry, pay the money and have an attorney from your state review and revise your lease agreement. You may find an attorney on here that responds but most likely not. They get paid for the very advice you are asking them to provide. Second, advice from anyone else other than an attorney in your state is worth as about as much as you'll pay for it. Will a BP forum member show up in court to defend you if they gave you bad advice? No, but a good attorney who reviewed the lease should stand by their work. Personally, this is one area I don't mess with and I always hire the best.
From what my attorney friends have told me, it is the landlord's responsibility. Also, if mold appears you can be held liable for any health issues that arise. (Again, I'm not an attorney and you should have a legal professional answer your question.)
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Quote from @Jerry L.:
I was given a lease template that one of my real estate friend uses. His dad is the biggest RE player in the county they live in so I assume it was ran by a lawyer, but I haven't asked. On the lease there's a section that talks about mold, and if the tenant suspects there is mold then it's their sole responsibility and at their cost to get it tested. And if it is mold, again it's the tenants sole responsibility to get it cleaned at their cost. I've googled landlord/tenant Mold issues and have seen mostly that it's the landlord's responsibility. Can someone with experience on this chime in here? I don't have any mold where I live that I am planning to rent out here in a few months. I just don't want this to back fire at me if in case there's something in the future and this lease agreement backfires at me in court.
Agree with William, pay the money and have an attorney review it. Just because something is in a lease does not mean it is actually legal. If mold was caused by a leaking pipe behind a wall of course the tenant would not be responsible, but if there was mold because of something they caused, then yes they would be responsible. Also with mold people have to be careful as mold is everywhere. You test for mold everyday and you will have mold. Its important to understand with mold that you must always test the space AND the outdoors, to see if they are the same spores or if the interior has different spores. If there are different spores AND depending on the amount of spores, that is if you know you have a mold issue.
I would be cautious to use that lease. BP has a lease that comes with pro membership if you don't want to pay an attorney. Just because there is a larger investor doing something doesn't mean it is right. Huge corporations get sued all the time and lose in court.
When it comes to potential legal issues, never assume. That is my rule. Know and be sure, because when it hits the fan, you will be the one having to defend yourself. You can't tell the judge that someone else told you to do it. I never seen mold mentioned in a lease. I am sure you can ask a realtor on a specific state certified lease that they use, which is/should be complaint with the state you are in. That is if you don't want to pay an attorney for a review of your lease.
Join your local REIA. I am sure they have some local attorneys they can recommend.
Quote from @Jerry L.:Free advice is worth what you've paid for it.
I was given a lease template that one of my real estate friend uses. His dad is the biggest RE player in the county they live in so I assume it was ran by a lawyer, but I haven't asked. On the lease there's a section that talks about mold, and if the tenant suspects there is mold then it's their sole responsibility and at their cost to get it tested. And if it is mold, again it's the tenants sole responsibility to get it cleaned at their cost. I've googled landlord/tenant Mold issues and have seen mostly that it's the landlord's responsibility. Can someone with experience on this chime in here? I don't have any mold where I live that I am planning to rent out here in a few months. I just don't want this to back fire at me if in case there's something in the future and this lease agreement backfires at me in court.
Check state laws. Some states require a mold disclosure and that Landlords take certain steps when mold is suspected or discovered.
It sounds like you should consult an attorney before implementing this lease. Just because someone is the largest investor in the county doesn't mean they know/obey the law.
Agreed to consult with an attorney. In my 15 years of Property Management experience, I typically see that the tenant is responding for reporting leaks and water intrusion immediately in order to prevent any growth, but the remediation typically falls to the owner. Let me know if I can help on any way!
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#2 Managing Your Property Contributor
- Property Manager
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Who pays for remediation depends on who caused it.
I agree, pay an attorney for a consult and use their lease. Also- it's never a good idea to have tenants responsible for maintenance or repairs. Best case scenario, it will end up costing you more, but they could create all kinds of liabilities for you as well.
There are no new tricks under the sun in real estate- screen thoroughly, manage professionally and 99% of your problems will disappear.
