[RPPTL LandTen] Mold Addendums

Mon Feb 23 13:53:50 PST 2015

Yes. I have and I have evicted people for failing to vacate when there is
serious mold.

You are probably referring to my Mold Addendum which is heavily in use in
Florida.

We have only invoked it if there is a serious mold issue and the tenant
refuses to vacate the premises but instead plays the "Mold Game" which is to
say they are getting sick, stop paying rent but won't get out OR the
remediation requires them to move and they refuse. Sometimes the remediation
process requires major hazardous work and the tenants must GO.

It is no different than other clauses common in leases which state that the
lease can be terminated due to a casualty or major damage.

A serious mold problem is no different than a fire or major flood. The lease
can be terminated. Here is another clause from my lease that we have
successfully used: CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and
TERMINATION:  If for any reason the premises are condemned by any
governmental authority, destroyed, rendered uninhabitable, rendered
dangerous to persons or property, and/or damaged through fire, water, smoke,
wind, flood, act of God, nature or accident, or, if it becomes necessary, in
the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises
in order for repairs to the premises to be undertaken, this lease shall, at
LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall
terminate, TENANT agrees to and shall vacate and TENANT, if not in default
of the lease, shall owe no further rent due under the terms of the lease.

It is NOT to be used just because a landlord just wants someone out. It
should be a serious, verified problem.

We will not invoke it unless there is solid proof from a certified mold
inspector that the mold is severe and the tenants need to go for their own
safety.

Here is a bit of my addendum BUT we will not file unless we have 100% proof
from a certified Mold Inspector.: "TERMINATION OF TENANCY:  Owner or agent
reserves the right to terminate the tenancy and TENANT(S) agree to vacate
the premises in the event owner or agent in its sole judgment feels that
either there is mold or mildew present in the dwelling unit which may pose a
safety or health hazard to TENANT(S) or other persons and/or TENANT(S)
actions or inactions are causing a condition which is conducive to mold
growth"  

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Monday, February 23, 2015 4:34 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Mold Addendums

Has anyone litigated a mold addendum that gives the landlord the ability to
terminate the lease for the presence of mold (in the opinion of the
landlord)?  Interested in hearing if anyone thinks this violates public
policy.

Todd B. Allen, Esq. | Attorney

 <mailto:Todd at LindsayAllenLaw.com> Todd at LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

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