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Mold Lease Clause

By
Property Manager with HomePointe Property Management, CRMC 00691121

Your rental agreement should not be without a lease clause that instructs the resident how to deal with mold.  Mold is still a problem in that some residents don't know where it comes from and how to prevent it.  Also, there are attorneys out there that want to make your life miserable, so having a good mold clause is a good first step in preventing problems.  Here is the one we use at HomePointe:

21. Mold Notification:  It is the Owner/Landlord's and Owner's Agent objective to maintain the highest quality living environment for any and all Residents.  You are hereby notified that mold can grow if the premises that you rent is not properly maintained and ventilated.  If moisture is allowed to accumulate in the dwelling, it can cause mildew and mold to grow.  It is important that all Tenants regularly allow air to circulate in the premises.  It is also important that tenants keep the interior of the premises clean and that you promptly notify the Owner/Owner's Agent of any leaks, moisture problems, and/or mold growth.  The following are possible causes of indoor moisture problems:  Humidifiers, steam from cooking, wet clothes on indoor drying lines, leaky roofs or windows, house plants, shower/bath steam and leaks, constant running water/plumbing leaks, and backed up sewers, overflows, or flooding.

 

Tenant is responsible for maintenance of the premises in a manner that prevents the occurrence of the existence of mold or mildew in the tenancy premises.  Tenant agrees to uphold this responsibility in part by complying with the following list of responsibilities. 

  

  1. Tenant shall keep the premises including but not limited to all counter and floor surfaces, windows and window sills, free of dirt and debris that can harbor or foster mold.
  2. Tenant shall immediately report to Landlord any water intrusions, such as running faucets, roof leaks, plumbing leaks, drips, sweating pipes, or discoloration of walls and/or ceilings.
  3. Tenant shall immediately notify Landlord of overflows from bathrooms, kitchen, or laundry whether overflow was a result of the condition of the premises or from Tenant accident or misuse.
  4. Tenant shall immediately report to the Landlord any mold growth whatsoever on any surface inside the premises.
  5. Tenant shall allow the Landlord to enter the premises to inspect and make necessary and/or agreed upon or desired repairs. 
  6. Tenant shall use bathroom fans, if available, in their units while showering or bathing, and to report to the Landlord any non-working fan.  If a fan is not provided in your bathroom(s) you shall use the window for ventilation of steam during and after showers, bathing, and use of water.
  7. Tenant shall use exhaust fans whenever cooking, dishwashing, or cleaning.  Tenant shall leave on or open the ventilation until all steam, whether in bathroom or other areas of the home, is gone.
  8. Tenant shall use all reasonable care to close all windows and other openings in the premises to prevent outdoor water (ie. Rain, sprinklers, etc.) from penetrating into the interior unit.
  9. Tenant shall clean and immediately dry any visible moisture on the surface of windows and/or window frames as well as on any other surfaces including personal property.  As an example, due to weather conditions inside and outside some homes, the interior surface of windows and surfaces may "sweat" or become moist due to excessive use of water in the home, laundry being permitted to dry inside, cooking, etc.  This water should be removed from the surface of windows immediately such that if the Landlord inspects the premises, no accumulation of the dirt and debris at the bottom of windows and on window sills should ever be seen.
  10. Tenant shall immediately notify the Landlord of any problems with the air conditioning, if any, or heating system problems that are discovered by Tenant.  Further Tenant shall immediately report both verbally and in writing any potential mold causing conditions to the Landlord or the Landlord's authorized Agent.
  11. Tenant may not have more than three (3) houseplants inside the residence.  Any and all houseplants must be placed on top of a waterproof container that will prevent water seepage onto the surfaces below.
  12. Not less than every other week, Tenant shall inspect beneath cabinets, vanities, sinks, closets, and areas near indoor plants to ascertain whether there are any leaks or excessive moisture.
Posted by

Robert A. Machado, CPM, MPM

HomePointe Property Management

Sacramento, Yolo, El Dorado, and Placer Counties

We manage residential and commercial property.

916-429-1205 x 105

rmachado@HomePointe.com

The Entire Team of Price & Company Professionals
Price & Company Realty - Myrtle Beach, SC
What a great item to add to the agreement.  Normally it's the homeowners headache once they get their property back, with no recourse to the Tenant.  Since they are residing in the home, it only makes sense to make them responsible as well.  Thanks for the information!
Mar 20, 2008 07:11 AM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Tests are expensive.  Not likely that most landlords would do that prior to each tenant moving in.  Just make sure you do not see mold and that there are no leaks.  That is what most landlords do.

Feb 16, 2011 04:12 AM