[RPPTL LandTen] Mold Addendums

[Leonard Cabral]

It goes both ways Harry.  I have one apartment complex where the tenants pay the rent, the landlord refuses to let the tenant out of the lease for mold issues (until I get involved) then allows the tenant out of the lease and in some cases try to keep the tenant's security deposit for failing to comply with the mold addendum.  They never do the  mold remediation and put another tenant in the apartment with one of your mold addendums.  When the tenant complains they give the tenant a bottle of bleach and blames the mold on the tenant.  The tenant's don't want to stay since they are sick or their kids are sick (mostly kids get sick) so any long term litigation on my part is chilled.  I would not litigate the mold "injury" and I don't know anyone that files Mold tort claims.  I would file a claim on Florida's version of the federal Unfair and Deceptive Trade Practices act and request an injunction until remediation is complete and ask that the mold addendum be stricken. (You know if I didn't tease you Harry you would think I didn't like you anymore and I do like you).  This particular landlord is one of J.B. III's clients has his own mold addendum that he most likely stole from you.  Plagiarism is the best form of flattery.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, February 23, 2015 4:54 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Mold Addendums

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

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From: landten-bounces at lists.flabarrpptl.org<mailto: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


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

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