[RPPTL LandTen] Mold Addendumswish to abuse the

[Harry Heist]

The purpose of the mold addendum I drafted is simple.

 

It allows us to terminate a lease in the event there is a serious mold
situation as we deal with many cases where the tenant refuses to vacate and
the situation is a hazard to the tenant or the property. It protects all
parties.

 

It expands on the usual and common clause regarding termination due to
severe damage, destruction, fire, flood, need for repairs, condemnation etc.

 

No tenant should live in a situation where there is a serious hazard but
some refuse to vacate or allow the remediation.

 

I will only recommend to my clients that the mold addendum termination is
invoked in cases where a certified mold inspector determines that the mold
is a true danger. Most mold is harmless. 

 

As for potential abuse, that is your department Leonard. The tenant has a
remedy of the 7 Day rent withholding/termination. They can also call code
enforcement, health department etc. Many tenants will try to use a small
mold situation as a reason to not pay rent while "stewing" in what they
claim is a mold infested apartment. Often serious mold situations are caused
by the failure of the tenant to run the a/c in a reasonable manner,
something we really cannot force a tenant to do.

 

As for tenant performed mold tests purchased from Home Depot, these are a
complete joke.  Mold is a very complex issue. The reason you do not see more
tort claims filed is that rarely can it be shown that the tenant has
suffered health issues from the mold. The expression amongst attorneys in
the earlier days that "mold is gold" is no more. 

 

As a struggling young attorney back in the day, my wife and I decided to
forego getting our air conditioning fixed in our home for almost a year. We
left the windows open and used the ceiling fans. The home suddenly blossomed
with mold. Clothes were ruined, shoes ruined and mold was everywhere.

 

The mold addendum is a useful tool for a landlord. I rarely see it abused
nor would I  take a case where I felt the landlord was abusing it. Quite
often though, we see mold situations caused by the tenant's failure to run
the a/c at all or to excessively use the a/c to the point of causing
condensation on windows which migrates to window frames, sills  and walls
causing mold growth which often goes unreported until the situation becomes
severe. 

 

Harry

 

LAW OFFICES OF 
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: 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 Leonard Cabral
Sent: Monday, February 23, 2015 7:45 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mold Addendums

 

Todd:

First, who is complaining about the mold??  If it is the tenant I look to
see if the landlord knew of the mold before the apartment is rented.  If the
tenant is complaining usually what I get for the tenant is some $$ to move
(amount depends on how long they lived there and if the landlord knew of the
mold before renting).  I also have my client do a mold test  which I would
have a landlord do if they wanted to move a tenant out for mold.   If the
landlord wants the tenant out and uses mold as the reason I think I could
make a compelling argument  that the mold addendum is against public policy
by using HUD's Quality Housing Standards.


 

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 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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