I have a home with structural issues and am allowing the renovator to rent the property at a discounted rate while repairing it. How do I minimize my liability?
I have a home with structural issues and have found a renovator to repair it. However, we have worked out an agreement that he would rent the property for 2 years with a lease agreement. How do I minimize my liability due to the house needing repairs and me being the landlord?
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In the lease, it can be clear that he is aware of the condition and he accepts the home as-is, as he is the one who will be making the repairs. The lease can reference the renovation contract as well, and he could waive any injuries for himself and his family.
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I have a home with structural issues and have found a renovator to repair it. However, we have worked out an agreement that he would rent the property for 2 years with a lease agreement. How do I minimize my liability due to the house needing repairs and me being the landlord?
I understand that dealing with structural issues in your home can be quite stressful. Have you already drafted a lease agreement with the renovator, or are you still in the negotiation phase?
Yes, I’ve drafted a lease agreement and also a contract for the repairs agreed on.
Are there specific repairs or concerns about the property that you believe could impact your liability as a landlord?
Foundation needs repairs but that’s it. Maybe mold? The past hurricane drenched the property in water causing foundation to sink a bit and maybe some mold.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your liability concerns.
No, I think that’s it. The lease is for 2 years because he said he didn’t want to do all the repairs then I kick him out, so I made it for an extended period of time.
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns.
So I can best help, the renovator is also living in the home during the renovations?
Yes, that’s our agreement, but we haven’t signed the lease yet.
Has he fully inspected the home for all defects?
Our agreement is that I would give him lower rent rate for 2 years for him to live there with his family and they would handle renovating the house. Since I initially hired him as a renovator, he has been there every day working on the other repairs that I have already paid him for. He's inspected the house as to my knowledge.
Like, he's redone a wall in the living room that had mold damage and is going to install kitchen cabinets and flooring, and has repainted the whole inside.
Does the lease have a waiver?
And in the lease it states that he is aware of the foundation repairs needed and will be the one to mitigate repairs for the home to be habitable.
Perfect. Is it also your only rental?
And this is the verbiage I used for the rental renovation contract:
“The contractor is aware the home may be in need of major structural repairs and assumes all liabilities in ensuring warranty of habitability.”
Yes, my only one.
In the lease, it can be clear that he is aware of the condition and he accepts the home as-is, as he is the one who will be making the repairs. The lease can reference the renovation contract as well, and he could waive any injuries for himself and his family.
Thank you so much, I just wasn’t sure because I googled that in the state of SC you can’t waive tenant’s right for having the rental up to code. For the waiver for any injuries how would I word that? As far as I know he is insured for being a contractor.
You can't usually waive rights to a habitable home in a traditional lease. With this one though, since he is a contractor, you could argue it's a function of the renovation contract since he is staying there to fix it.
Ok awesome, thank you.
Elizabeth
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