Addendum to rental agreement addressing mold/mildew issues.
Massachusetts Addendum To Apartment Lease regarding Mold
State:
Multi-State
Control #:
US-891LT
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Word;
Rich Text
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Description
How to fill out Addendum To Apartment Lease Regarding Mold?
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FAQ
Massachusetts law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination.
If a tenant is not able to prepare food in their home, it means it's uninhabitable. Broken plumbing or lack of running water would also make a rental unit uninhabitable. Another example would be failure to provide proper heating and air conditioning during extreme weather.
In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.
Despite there being construction errors it not equivalent to the landlord being responsible. If you do not have heating on in your tenancy or air out regularly, and this incites the mould, the tenant can be held responsible according to case law even though there are construction errors.
Your duty as a landlordAs a landlord, it's both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould. To do this properly, you need an expert to diagnose the problem and then, ideally, secure a fix that also has a quality warranty.
The tenant can't be behind on rent at the time notice is given. The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F.
The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)
Massachusetts landlord-tenant laws regarding mold are currently not present. There are no State or Federal laws or regulations requiring landlords to clean up the existence of mold in a rental property. Landlords do have the responsibility to keep a tenant's home safe and habitable.
Landlord property management and repairs In writing they are required to state what they're going to do and by when. If the landlord doesn't respond, the tenant can report the problem to their Local Authority, who can issue the landlord with a notice to fix the damp and mould.
