Purpose:
This policy outlines the responsibilities of both the Landlord (Lessor) and Tenant (Lessee) in preventing and addressing mold issues in residential apartment rentals. It ensures compliance with Massachusetts state law and promotes a safe and healthy living environment. This policy ensures the proactive management of mold and moisture to safeguard tenant health and property integrity
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1. Landlord Responsibilities
1.1 Disclosure:
- The Landlord will disclose any known history of water damage or mold issues in the property prior to the lease agreement. If water damage or mold issues have occurred and been remediated, the Landlord will provide details of the remediation.
1.2 Maintenance:
- The Landlord will conduct routine maintenance to prevent water intrusion, including checking for roof leaks, plumbing issues, and ensuring proper drainage systems.
- The Landlord will repair and remediate any water damage or mold growth caused by structural or maintenance failures promptly upon notification.
1.3 Inspections:
- The Landlord reserves the right to inspect the property, with proper notice to the tenant, to ensure compliance with mold prevention measures and address any concerns.
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2. Tenant Responsibilities
2.1 Preventative Measures:
Tenants are required to take the following actions to minimize the risk of mold growth:
- Conduct any inspections deemed necessary to assess the property for mold contamination.
- Use ventilation systems or open windows to allow air circulation, especially when cooking, bathing, or using water.
- Keep the property clean and free of dirt, debris, and excess moisture.
- Avoid leaving wet clothes or items indoors for prolonged periods.
- Use exhaust fans in kitchens and bathrooms and report non-functional fans to the Landlord.
- Ensure proper storage of food to prevent attracting moisture-loving pests.
2.2 Prompt Reporting:
Tenants must report the following issues to the Landlord immediately:
- Water leaks, dripping faucets, or sweating pipes.
- Roof leaks or window leaks.
- Overflowing water from any source.
- Visible mold growth on any surface.
- Non-functional ventilation or HVAC systems.
- Any other issue involving moisture.
2.3 Moisture Management:
- Clean and dry any visible moisture on surfaces, including windows and window frames, immediately.
- Avoid blocking air vents or using humidifiers without proper ventilation.
- Inspect areas prone to moisture (e.g., under sinks, near indoor plants) regularly for signs of leaks or mold.
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3. Mold Inspection and Remediation
3.1 Inspection:
- The Landlord will investigate reports of mold or water damage within a reasonable timeframe.
- If mold is identified, the Landlord will hire qualified professionals to assess and remediate the issue.
3.2 Tenant Cooperation:
- Tenants are required to cooperate with mold inspections and remediation efforts, which may include:
- Allowing access to the property.
- Temporarily vacating the premises if necessary.
- Relocating furniture or personal items to facilitate remediation.
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4. Release of Liability
The Tenant:
- Acknowledges reliance on their own inspections or inspections by professionals retained by the Tenant.
- Tenants acknowledge that mold can grow in any environment with moisture and agree to take preventative measures as outlined in this policy.
- The Landlord is not liable for mold caused by tenant negligence or failure to report water issues promptly.
- Agrees to hold harmless and indemnify the Landlord, brokers, and agents against any claims, demands, or actions resulting from mold contamination or its effects.
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5. Violation of Policy
- Failure to comply with this policy constitutes a breach of the lease agreement and may result in penalties, including lease termination.
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6. Legal Compliance
6.1 Massachusetts State Law:
This policy complies with the Massachusetts State Sanitary Code, which requires landlords to provide habitable living conditions, including the absence of mold caused by structural or maintenance issues.
6.2 Tenant Obligations:
Massachusetts law also requires tenants to maintain the premises in a clean and sanitary condition to prevent the causes of sickness, including mold growth.
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7. Contact Information:
Tenants should promptly report any issues or concerns regarding mold or moisture to the property management office:
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8. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with federal and state laws.
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Effective Date: 23rd day of October 2023