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our condo recently got diagnosed with mold bad enough that we have moved our tenants out to a hotel. they are taking their sweet time finding a new place and we are footing the bill. (it's been 3 weeks already -- the mold remediation has just started)
our lease has this clause:
if the unit becomes partially or totally destroyed so that the tenant's use is totally impaired, either tenant or landlord can terminate this agreement immediately within three days written notice to the other."
Our property manager doesn't think this applies to our situation and we can't give 3 days notice but a lawyer i spoke with thinks this clause definitely applies to the mold situation and we can request our tenants completely vacate in 3 days.
our condo recently got diagnosed with mold
...thoughts?
Is the mold problem limited to your unit?
If YOU didn't cause the mold then you're liability to the tenant is limited.
A similar situation would be a building fire that forces a tenant out.
Quote:
our lease has this clause:
if the unit becomes partially or totally destroyed so that the tenant's use is totally impaired,
either tenant or landlord can terminate this agreement immediately...."
From what you write, the parameters for what happens when your tenant has to leave your condo are extremely loose. No time limit for being supported, no boundaries on what kind of accommodations they find when they leave at your expense?
And, of course the use is totally impaired. Listen to the attorney.
Yes I agree with your lawyer. In Texas, about 2 years ago there were tornados that damaged homes in the Rowlett and Midlothian areas. Every landlord I know terminated leases immediately and their tenants had to find new housing independently of landlords. If the remediation is going to take an indefinite period of time, it doesn't make sense to continue on with a tenant. However if you absolutely know this will be a completed project in 4-6 weeks, it makes sense to keep your tenants.
Yes I agree with your lawyer. In Texas, about 2 years ago there were tornados that damaged homes in the Rowlett and Midlothian areas. Every landlord I know terminated leases immediately and their tenants had to find new housing independently of landlords. If the remediation is going to take an indefinite period of time, it doesn't make sense to continue on with a tenant. However if you absolutely know this will be a completed project in 4-6 weeks, it makes sense to keep your tenants.
right now it's not livable and it won't be for another 2 weeks. we don't want to pay for their hotel stays another 2 weeks and they don't seem to be in a rush to leave their situation!! once this is completed we are also planning to sell the condo.
right now it's not livable and it won't be for another 2 weeks. we don't want to pay for their hotel stays another 2 weeks and they don't seem to be in a rush to leave their situation!! once this is completed we are also planning to sell the condo.
They still have to pay you rent, and you still have the right to select the place for them to stay in. Hopefully you have them in a reasonably priced extended stay hotel. You can simply tell them its going to be another 2 weeks and you are moving them over to homewood suites or wherever it makes sense, and if they balk you can offer to let them out of the lease or pay the diff between the temp living you are offering and their preference. However you do have a lease and 2 weeks is not very long. And, of course, they still must pay you rent for the house while you are providing temp living.
I don't understand, you have 2 weeks left after 3 weeks in the hole? You'd still have to find another tenant. Seems like your in far enough now that any expense you save would be eaten up by time empty on the market. Might as well just let your current tenant move back in.
Check with your insurance Dwelling Fire policy and see if there is loss of use coverage. You might be able to collect the difference between the rent paid and the cost to keep them in the hotel temporarily.
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