Is there a document used to confirm a lease home does not have mold?

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Jul 19, 2017 Views1,509 Answer a Question

I am acting as the buyer/teneant agent in a lease. My client would like the landlord to confirm that there is no mold present in the location she wants to rent. Is there a document used to do this? What is the best course of action?

Moose

Addtional Details:
  • Thank you for the detailed responses. Based on the feedback I received from each of you I requested reports from the landlord. As it turns out they were willing to provide a statement saying no mold was present. Thanks. \n\nMoose - Jul 21, 2017
About 6 years ago
Hello Mustafa,

There is no form. You may ask if the Landlord has had, or knows about, mold in the home. Your client can always call an insurance agent and see if they can review the C.L.U.E. report for your client. This report, shared by insurance companies, may indicate if there have been any insurance claims including those involving mold remediation.
The lease indicates the tenant has inspected the property prior to move-in. When making an offer, you might want to get permission to perform an air quality test before deposits are presented. Determine if there is mold in a home and remedies if any is found.

Mark McNitt
832-567-4357
www.MarkKnowsHouston.com
Bernstein Realty
#1 Awarded – Best Answer
About 6 years ago
Hi Moose. I just received notice that you posted a question about mold, and its no coincidence that I saw it, I'm sure. Has your tenant been approved for the lease? If you could arrange a visit from my colleague, I think it could help clear up concerns from your tenant client (and, any client in the future). If you're able to gain permission for this access from the landlord / seller, I recommend having a licensed restoration company check the air for mold. I met Tammy Soverall a couple months ago, and she and her husband own and operate Restoration 1 of Sugarland. She's already helped two agents at my office and a title officer, with rave reviews. She and her team will come out to the property, "at no charge," not many folks do this anymore, and will test for "mold in the air with a professional mold tester." This is a pricey device and can detect mold particles unseen by the human eye and smelled by the human nose.

Feel free to email me at sibel@kw.com with questions or to introduce you to her. **Her employee will actually be testing a property my buyer is under contract with because the inspector found a water leak and we want to make sure mold isn't present. Hope this helps! Thanks for bringing up the topic!
source:
www.restoration1.com/sugarland/
About 6 years ago
Hi Mustafa,

Is there a concern of mold in the home your client is interested in or is it simply a precaution?

There are a few of things I'd recommend should this be important to your client:

1) Request that the Landlord provide the results of a mold inspection to your clients prior to signing the lease (whether or not the LL will go through the expense of this, is questionable)

2) As part of Paragraph 15: Move In Condition - write in verbiage re: clean mold inspection (discuss verbiage with a real estate attorney since this will become a condition of an executed lease agreement

3) Refer to the Texas Property Code for issues related to mold

4) Tenant can have property inspected (incl mold) prior to signing the lease (however, the LL can still rent the property to someone else without a signed lease agreement)

No matter what, should your client decide to proceed with signing a lease contingent on the LL providing a clean mold inspection prior to signing the lease, I would definitely reach out to a real estate attorney and your Broker regarding writing anything into the lease related to this matter.

Hope this helps!

Darby Grimmett / KW / 936-827-9217 / darby@darbygrimmett.com
About 6 years ago
Hi Moose,

There is no promulgated form specific for mold (with a lease), however, you can request the listing agent provide from the seller a signed letter and inspection report. A full inspection would look for mold as they use a promulgated form. This may pose a problem only because this is not a sale but a lease. You should consult your broker and a broker lawyer or real estate lawyer on next steps and/or for possible verbiage within the lease.

Michael Jobin
C&K Properties
713.545.2314
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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