Can I rent a home with structural issues?
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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Perfect, 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?
Lexi, Chatbot
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.
Lexi, Chatbot
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 the foundation to sink a bit and maybe some mold.
Lexi, Chatbot
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.
Elizabeth
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.
Elizabeth
Has he fully inspected the home for all defects?
Our agreement is that I would give him a 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.
Elizabeth
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.
Elizabeth
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.
Elizabeth
Perfect, 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 waive for any injuries how would I word that? As far as I know he is insured for being a contractor.
Elizabeth
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
You’re very welcome! Have a wonderful Saturday!
Thank you! You too!
Elizabeth
Thank you!
Elizabeth
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