Basement Clause
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Basement Clause (by CGB [MI]) Jun 24, 2019 9:40 PM
       Basement Clause (by JKJ [MA]) Jun 24, 2019 10:29 PM
       Basement Clause (by plenty [MO]) Jun 25, 2019 7:23 AM
       Basement Clause (by David [MI]) Jun 25, 2019 9:39 AM
       Basement Clause (by Oregon Woodsmoke [ID]) Jun 25, 2019 10:10 AM
       Basement Clause (by Oregon Woodsmoke [ID]) Jun 25, 2019 10:13 AM
       Basement Clause (by BRAD 20,000 [IN]) Jun 25, 2019 10:23 AM
       Basement Clause (by S i d [MO]) Jun 25, 2019 11:15 AM
       Basement Clause (by Robert J [CA]) Jun 25, 2019 3:49 PM
       Basement Clause (by Scott [IN]) Jun 25, 2019 5:14 PM
       Basement Clause (by RentsDue [MA]) Jun 25, 2019 5:22 PM
       Basement Clause (by Vee [OH]) Jun 25, 2019 6:49 PM

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Basement Clause (by CGB [MI]) Posted on: Jun 24, 2019 9:40 PM

A couple of weeks ago someone posted a clause from their lease regarding holding the landlord harmless for basement leaking/flooding. I thought I bookmarked it but apparently I did not. Unfortunately it was in a thread under a different name and I now can't find it. If anyone could remember that thread, or care to share a basement clause, I would greatly appreciate it. Thank you in advance.

Basement Clause (by JKJ [MA]) Posted on: Jun 24, 2019 10:29 PM

CGB, I believe it was Plenty MO that posted a “basement may leak” clause. Maybe she will repost as I don’t remember it good enough to even to paraphrase. Good luck

Basement Clause (by plenty [MO]) Posted on: Jun 25, 2019 7:23 AM

That's all it reads... Basement may leak.

I wrote it myself! No lawyer needed.

It was modeled it after Carolyn in KC MO lease clause that reads something like this "Fireplace is non functioning. Do not use"

Pretty straight forward.

Maybe someone like Robert or Vee had an actual paragraph...? They are technical like that. --99.203.xx.xx

Basement Clause (by David [MI]) Posted on: Jun 25, 2019 9:39 AM

Can I change it to "Detached garage may leak". a new tenant started moaning about when it rained heavily once, some water seeped into garage and got his crap wet. You have to have clauses for common sense ...

Anyways, I have a general clause that hold LL harmless for tenant property damage, LL only responsibility for timely repair. --144.250.xx.xx

Basement Clause (by Oregon Woodsmoke [ID]) Posted on: Jun 25, 2019 10:10 AM

There should be a clause in your lease that says that the landlord is not responsible for tenant possessions; which in mine is with the clause that says renter's insurance is highly encouraged.

I avoid houses with basements because my experience with basements is that tenants like to sublet them to friends to live in, or else they grow marijuana in them.

Note for Oregon: whether or not a landlord can legally require tenants to buy insurance is a bit complicated, plus tenants have been known to cancel their insurance, so it is important to have the problem covered in the rental agreement.

Basement Clause (by Oregon Woodsmoke [ID]) Posted on: Jun 25, 2019 10:13 AM

David, I suggest "detached garage might leak. Do not store anything in there that can't get damp or wet." and add it right there, again, that landlord is not responsible for tenant's property.

Basement Clause (by BRAD 20,000 [IN]) Posted on: Jun 25, 2019 10:23 AM


My lease is clear: No basement is ever guaranteed dry.

Management not responsible for damage to resident's personal property.

Renters' Insurance is required.


Basement Clause (by S i d [MO]) Posted on: Jun 25, 2019 11:15 AM

I do the same as Brad 20K and Oregon. It's a good idea to specify basements, but you also need a more comprehensive clause. What if shingles blow off the roof during a storm and the roof leaks onto stuff stored in the attic? What if the city sewer backs up in the kitchen? What if (fill in disaster)?

"LL is not responsible for damage or loss to tenant's personal property. Tenant is strongly encouraged (or required) to purchase a Renter's Insurance policy to cover their personal property."

Basement Clause (by Robert J [CA]) Posted on: Jun 25, 2019 3:49 PM

I have provided some of my tenants that have "Wet" basement concrete floors, Plastic Pallets to store stuff off of the surface. I include in a lease addendum that the tenant store belongings in the basement at their own risk. Landlord has provided elevated plastic pallets to use for moisture protection.

One tenant removed the pallets and decided to store stuff right on the ground. A box of family pictures was destroyed. Lucky I got there after the complaint and took photo's of the pallets against the wall and not being used. --47.156.xx.xx

Basement Clause (by Scott [IN]) Posted on: Jun 25, 2019 5:14 PM

It's not always easy to force C-D tenants to buy insurance. Cuts a little too deeply into their beer and premium channel budgets. Required in my lease, but I would not evict over this issue. Have always wondered if it would be better to "recommend" rather than "require" lest some tenant call my bluff.

Basement Clause (by RentsDue [MA]) Posted on: Jun 25, 2019 5:22 PM

I word it a little differently. I specify that basement is not waterproof or climate controlled and is not intended as a living area or storage area. I did that after one tenant complained that I needed to have the vent work redone because the man cave in the basement wasn’t warm enough. I said no because it was not a living area , put on your girly sweater or be the “ man “ of your man cave. Shortly after they got water in there and called me to complain that all their priceless possessions were stored on the floor in the basement and now needed to be replaced for an extreme amount of money. I calmly explained that they could relay that information to their Renters Insurance agent.

Basement Clause (by Vee [OH]) Posted on: Jun 25, 2019 6:49 PM

In OH there is no insurance to cover below grade except mechanical equipment, so storage there is your own risk, I have only a few double houses left and they have a chain link fence to prevent roaming and tampering past the breakers which are next to the washer dryer blocks, attics are the same way - nobody ever cleans them out and my back is already sore typing this...

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