This technique minimized the mold complaints we had to defend, and the few that were filed were dealt with easily because of our technique to minimize the owner`s liability. Many contractors can remove mold from your property. First you need to confirm that there is a mold problem. They have devices to measure the amount of mold spores in an air sample and compare them to the amount of mold spores in an air sample from outside the property. They also have sensors that can detect where excess moisture is. A Hold Harmless agreement or other similar agreements are often used. In principle, it is used to protect one or both parties in a variety of situations. Common situations are as follows: most residential rental agreements have a “destruction of premises” clause that allows the lease to be terminated immediately without any penalty being due by either party if the property becomes uninhabitable due to fire. The rental form we used also includes mold, flooding, storms and other cases of force majeure that make the property uninhabitable. While only a small part of the population has mold-related allergies, for a homeowner or investor, it may feel that a disproportionate proportion of these people are renters! Too often, when a tenant finds mold in the property, he or she thinks of “money.” After confirming the presence of mold, the contractor can kill it and, if necessary, remove all affected drywall walls, etc. If you do this work urgently, you will be less likely to have a dispute with your tenant. In order to reduce our liability for mold damage, we are urgently and thoroughly addressing these issues. However, from time to time we have a tenant who tells us that a) there is mold in the property and b) mold makes it sick! Some of these tenants ultimately wanted to stay in the property, but the only way we allow is when they sign a Hold Harmless agreement that states that they do not make the landlord responsible for mold problems in the property.
We have already given them the chance to move. If they decide to remain what many have, it must be done at their own risk. In actions where the tenant has rendered a substantial judgment against a landlord, the situation is often that a tenant informs the landlord of the mold problem, but the landlord does not proceed with the repair and refuses to let the tenant out of the lease. Thus, any damage caused to the tenant can be attributed to the actions and decisions of the lessor. What can an owner do? Their best defense, as they say, is offensive: take the initiative to keep mold away. But if it appears despite your best prevention efforts, make sure as soon as possible. The validity of “Hold Harmless” agreements is different. Some States will not respect agreements that are too broad in the language used for protection against liability. In addition, some states have anti-compensation laws that, in some construction scenarios, prohibit harmless agreements. Perhaps you would like to consult a lawyer to advise you on the applicability of your Hold Harmless Agreement.
In addition, some agreements cannot exist when a breach is due to negligence such as below-average equipment. As soon as the tenant informs us that mold is making him sick, we notify him that the clause of destruction of the premises is now in force and that he must move from the property as soon as possible. In this way, the tenant would have a very weak claim against the landlord, because as soon as the tenant claimed that there was mold and it made him sick, they were released from the lease so that they could move to a safe place. A Hold Harmless agreement is used for liability protection….