Results 1 to 9 of 9
  1. #1
    Join Date
    Apr 2020
    Posts
    2

    Unhappy Consequences of Not Signing Mold Addendumm

    My question involves landlord-tenant law in the State of: California, County of Solano

    Good morning. It's time to sign a new lease. This year an addendum has been added - the Lease/Rental Mold and Ventilation Addendum. While I have no problem with the agreements 1 through 9, I do have a problem with #10, as well as the paragraph stating "Tenant agrees that the premises is being delivered free of known damp or wet building materials (mold) or mildew contamination."

    My question is: Will I be evicted for not signing? Should I write a letter as an addendum to the addendum stating why I do not want to sign said addendum?

    My reason for not wanting to sign the addendum is that I'm almost certain there is mold present. The roof has leaked for 18 years and was "repaired" just one month ago, and only after the last rain storms caused our roof to dump several gallons of water in various locations in the living room and a spare bedroom, and more than 45 gallons (!!) of water into our bedroom over a two week period. We have always done our due diligence in notifying our landlord every time the roof leaked and the response has always been to send a guy out with a tube of mastic to seal 'nail pops' and the promise of a new roof soon. I can literally see the mold on the wall and the ceiling, so I know that, more than likely, there is a lot more of it where I cannot see it. It has been a month since the roof was "repaired" and more than five months since the leak destroyed part of the wall and ceiling above the head of my bed and still no repairs have been made.

    Thank you for your time and consideration in answering my question, and please do not hesitate to ask for more info if needed.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,806

    Default Re: Consequences of Not Signing Mold Addendumm

    Will I be evicted for not signing?
    Your lease can be non-renewed and you told to leave at expiration. If you don't leave, then you get evicted.

    Plan on moving if you don't sign it.

    Seems like you live in a s-h-i-t box anyway. Might be a good idea to find another place.

  3. #3
    Join Date
    Feb 2020
    Posts
    284

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting adjusterjack
    View Post
    Your lease can be non-renewed and you told to leave at expiration. If you don't leave, then you get evicted.

    Plan on moving if you don't sign it.

    Seems like you live in a s-h-i-t box anyway. Might be a good idea to find another place.
    A tenant is not a mold remediation specialist and can make no statement or agreement that a dwelling is mold or moisture free.

    Why are you and your buddies always so insulting and doom n gloom with folks here? It's not like you don't know any better.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,245

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting KVittorio
    View Post
    While I have no problem with the agreements 1 through 9, I do have a problem with #10
    Are we supposed to know what "#10" refers to?


    Quote Quoting KVittorio
    View Post
    My question is: Will I be evicted for not signing?
    How could anyone here possibly know how your landlord might react if you refuse to sign the document in question? When you told your landlord that you had concerns about "#10" and the text you quoted, how did he/she/it respond?


    Quote Quoting KVittorio
    View Post
    Should I write a letter as an addendum to the addendum stating why I do not want to sign said addendum?
    "[A] letter as an addendum"? That makes no sense. You can, of course, write all the letters you like, but it would be most logical simply to call your landlord or visit someone in the management, explain your concerns, and ask to discuss them (as well as any alternate language that might be acceptable to you).


    Quote Quoting KVittorio
    View Post
    My reason for not wanting to sign the addendum is that I'm almost certain there is mold present.
    Then why not move or insist that it be remediated before signing a new lease?


    Quote Quoting KVittorio
    View Post
    The roof has leaked for 18 years and was "repaired" just one month ago
    Why did you put the word "repaired" in quotation marks?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,118

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting KVittorio
    View Post
    My question involves landlord-tenant law in the State of: California, County of Solano

    Good morning. It's time to sign a new lease. This year an addendum has been added - the Lease/Rental Mold and Ventilation Addendum. While I have no problem with the agreements 1 through 9, I do have a problem with #10, as well as the paragraph stating "Tenant agrees that the premises is being delivered free of known damp or wet building materials (mold) or mildew contamination."

    My question is: Will I be evicted for not signing? Should I write a letter as an addendum to the addendum stating why I do not want to sign said addendum?

    My reason for not wanting to sign the addendum is that I'm almost certain there is mold present. The roof has leaked for 18 years and was "repaired" just one month ago, and only after the last rain storms caused our roof to dump several gallons of water in various locations in the living room and a spare bedroom, and more than 45 gallons (!!) of water into our bedroom over a two week period. We have always done our due diligence in notifying our landlord every time the roof leaked and the response has always been to send a guy out with a tube of mastic to seal 'nail pops' and the promise of a new roof soon. I can literally see the mold on the wall and the ceiling, so I know that, more than likely, there is a lot more of it where I cannot see it. It has been a month since the roof was "repaired" and more than five months since the leak destroyed part of the wall and ceiling above the head of my bed and still no repairs have been made.

    Thank you for your time and consideration in answering my question, and please do not hesitate to ask for more info if needed.
    Why in the world would you even want to stay in the home under those circumstances?

  6. #6
    Join Date
    Jan 2011
    Posts
    342

    Default Re: Consequences of Not Signing Mold Addendumm

    I would move. It sounds like they may be setting you up to pay for the remediation from the leak from your security deposit if the document states that as of today there is no damage.

    Thanks to the pandemic clobbering travel and vacations, a lot of AirBNB/VBRO units are being turned into long-term rentals, with the predictable result that increased inventory is pushing down the rental prices. You should be able to find something better than where you are now.

  7. #7
    Join Date
    Apr 2020
    Posts
    2

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting pg1067
    View Post
    Are we supposed to know what "#10" refers to?




    How could anyone here possibly know how your landlord might react if you refuse to sign the document in question? When you told your landlord that you had concerns about "#10" and the text you quoted, how did he/she/it respond?




    "[A] letter as an addendum"? That makes no sense. You can, of course, write all the letters you like, but it would be most logical simply to call your landlord or visit someone in the management, explain your concerns, and ask to discuss them (as well as any alternate language that might be acceptable to you).




    Then why not move or insist that it be remediated before signing a new lease?




    Why did you put the word "repaired" in quotation marks?


    1. I mistakenly assumed that readers of this forum were familiar with their particular states' real estate forms such as the California Association of Realtors LEASE/RENTAL MOLD AND VENTILATION ADDENDUM where item # 10. states: "The Tenant agrees to release, indemnify, hold harmless and forever discharge Landlord and Landlord's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Landlord or Landlord's agents resulting from the presence of mold due to the Tenant's failure to comply with this Lease/Rental Mold and Ventilation Addendum." A real dumb ass move on my part because I DO know better - I shall no longer make the mistake of assuming anything about anyone or anything on this forum. I sincerely appreciate you calling this to my attention even if done in not so many words.

    2. I was not asking that someone read the minds of my landlord/landlord's agent. I was merely wondering if it were legal justification for eviction - especially in light of the new law that was enacted in January. Again, I assumed the readers of this forum/sub-forum were well versed in the law as far as tenant/landlord issues were concerned. Not a second offense - just a continuation... I have not yet voiced this problem to my landlord. I am looking for advice on how to proceed as I want to handle this with as much diplomacy as possible.

    3. Yes, an addendum to an addendum. Not sure what the problem is here. I'm asking if it would be advisable to add to the lease package (which is 24 pages long and FULL of addenda) a letter outlining my concerns with the said addendum as opposed to any other addendum in the package. My assumption (here we go again) is that it is always better to put into writing any problems one may have; otherwise, one runs the risk of not having proof of the conversation taking place at all. CYA and all that.

    4. Not looking to move at this time. Insisting that it be remediated before signing the new lease is good advice that I may follow - thank you.

    5. "Repair" is in quotes because the owner hired shoddy contractors that did a horrible job of repairing the roof. Briefly, plywood capping at the edge of the roof does not completely cover the ends of the plywood on about 45% of the roof. Instead of replacing rotten fascia board, they spliced in new pieces that don't match the old board nor do they line up, leaving the untreated ends of the new and the old exposed to the elements. The laborers helped themselves to extension cords and power in my shed and ran them up onto the roof where they left them at the end of the workday - still energised. They unplugged our sprinkler control box to plug in their microwaves and destroyed the solar panel powering our security lights and did not offer replacement or nor apology. I could go on and on for upwards of 1000 words, but my forum post has nothing to do with crappy contractors.

  8. #8
    Join Date
    Nov 2013
    Posts
    6,839

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting KVittorio
    View Post
    :

    1. LEASE/RENTAL MOLD AND VENTILATION ADDENDUM where item # 10. states: "The Tenant agrees to release, indemnify, hold harmless and forever discharge Landlord and Landlord's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Landlord or Landlord's agents resulting from the presence of mold due to the Tenant's failure to comply with this Lease/Rental Mold and Ventilation Addendum." .
    You are leaving out that the addendum also has a section in it (or in the lease) that says that the tenant will notify the landlord of any problems that impact the implied warranty of habitability (https://leginfo.legislature.ca.gov/f...1.&lawCode=CIV). Mold in your unit would be one of those problems that would impact the implied warranty.

    The addendum basically says that if you don't take action to remediate the problem, you cannot then hold the landlord responsible.

    I see no problem in signing the addendum.

  9. #9
    Join Date
    Jul 2018
    Posts
    2,245

    Default Re: Consequences of Not Signing Mold Addendumm

    Quote Quoting KVittorio
    View Post
    I mistakenly assumed that readers of this forum were familiar with their particular states' real estate forms such as the California Association of Realtors LEASE/RENTAL MOLD AND VENTILATION ADDENDUM where item # 10. states
    No one is familiar with every form (esp. in California, where there are thousands of legal forms that one might come across). As for the quoted language, it only applies to "the presence of mold due to the Tenant's failure to comply with" the lease and addendum. That said, it's still worth discussing your concerns with your landlord.


    Quote Quoting KVittorio
    View Post
    I was not asking that someone read the minds of my landlord/landlord's agent. I was merely wondering if it were legal justification for eviction - especially in light of the new law that was enacted in January.
    There are dozens of new laws enacted every year, so I'm not sure which you're talking about, but your landlord does not need "legal justification for eviction" if your lease has expired or you are on a month-to-month lease. Under those circumstances, your landlord may legally evict you for any reason that is not expressly illegal. If the landlord were to evict you because you are unable to negotiate a lease on terms that are acceptable to both of you, that would be legal.


    Quote Quoting KVittorio
    View Post
    Yes, an addendum to an addendum. Not sure what the problem is here.
    I don't know what "addendum to an addendum" means in the context of this discussion. In your original post, you asked if you could "write a letter as an addendum." As noted in my prior response, that makes no sense. Anything you write (such as a letter) will not function as an addendum or otherwise modify your lease unless your landlord agrees to whatever you wrote in the letter.


    Quote Quoting KVittorio
    View Post
    I'm asking if it would be advisable to add to the lease package (which is 24 pages long and FULL of addenda) a letter outlining my concerns with the said addendum as opposed to any other addendum in the package. My assumption (here we go again) is that it is always better to put into writing any problems one may have; otherwise, one runs the risk of not having proof of the conversation taking place at all. CYA and all that.
    I'm not sure what you mean by "add to the lease package." As I mentioned previously, you can write all the letters you like. However, voicing your concern about the addendum (in writing or otherwise) will not modify the lease or the addendum. If you want the language in question removed or modified, you need to start a dialog with your landlord, and it matters not at all whether you do that in writing or verbally.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 07-24-2014, 07:21 AM
  2. Repair and Maintenance: Mold in an Apartment
    By TheAmazingMrsA in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-28-2011, 10:11 AM
  3. Repair and Maintenance: Mold Not Fixed
    By daveofgv in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 04-22-2011, 02:00 PM
  4. Repair and Maintenance: Mold All Over
    By MonikaNY in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-25-2010, 04:43 PM
  5. Repair and Maintenance: Mold
    By q7w in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-08-2006, 07:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources