DOES YOUR LEASE PROTECT YOU FROM COVID 19 EXPOSURE?

I am not an attorney, but if you are signing a lease in 2020, you should consult one.

Does your lease have a clause to protect you regarding Covid-19? Something like this:

ALL LANDLORDS, THEIR CONTRACTORS, INSPECTORS, REALTORS AND/OR REPAIR PEOPLE, MUST SIGN A DISCLOSURE TO SAY THEY ARE HEALTHY, HAVE NOT BEEN IN CONTACT WITH ANYONE WHO HAS COVID-19, HAVE NOT TRAVELED TO ANY HOT SPOTS IN THE LAST 14 DAYS. EACH VISITOR (INCLUDING LANDLORDS, REALTORS OR THEIR REPRESENTATIVES) MUST WEAR A NOSE AND MOUTH COVERING AND USE ANTI BACTERIAL WIPES OR SPRAY ON THEIR HANDS, AND MUST WEAR PROTECTIVE SHOE COVERINGS BEFORE ENTERING. THERE WILL BE NO USE OF THE RESTROOMS DURING ANY OF THESE VISITS.

In my thirty-six years of listing, selling and renting out residential homes, condominiums, apartments, guest cottages, there have been many clauses and terms that have become ever more important to protect BOTH landlords and tenants.

Bedbug clauses, paragraphs about environmental concerns, pet issues, smoking/non-smoking, and complaints from the neighbors when a property has a revolving door of tenants like an Airbnb. The list goes on and continues to change about who makes repairs and who pays the bill.

The pandemic and quarantine of 2020, marks a year when many tenants stopped paying rent. Landlords understood for a few months that people could not leave home, they might have been furloughed or laid off entirely. Businesses closed permanently, people got sick, many people died. Landlords in many cities are faced with fleeing tenants who are racing to the suburbs to secure more space in which to work and school from home. Many renters are afraid to be in whatever city they were in before, given the issues and events of the past year.

Twenty years ago, landlords always paid the commission and then slowly, it changed to where over 90% of the time,(in the Northern NJ Market of Millburn-Short Hills) the tenants are asked to pay a one month fee. In this challenging time, many renters have a lower credit score, are out of work and have been forced to move back home with their family, to save money or get more space. Financial and health concerns have turned the rental market into chaos for many. Landlords are offering incentives and everyone is searching for the best case scenario in a worst case environment, with cases of Covid-19 spiking in many neighborhoods in October 2020.

One thing is certain: If you are a tenant and you need to have repairs, inspections or visits from your landlord, you need to protect yourself and have a written agreement that will protect you when unknown visitors come to see/inspect/repair or simply visit your home. Typically there is a sentence to allow for new tenants to look at your home 30 days prior to your exit. These visitors must also be covered for everyone's safety. Talk to your Broker or your landlord and make sure to follow this protocol to stay healthy and lower the spread of flu or Covid-19. Ask your attorney for advice.

I am not an attorney and in no way should any of the above be construed as legal advice.