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Extra Heavy Items Clause in Lease Agreements

For rental property owners: If your rental property has more than one story or is not built on a solid foundation, you should consider writing an extra heavy items clause in your lease agreement.  An extra heavy items clause informs your tenants that certain extra-heavy furniture items (waterbeds, aquariums, weight sets, home gyms, and similar items) require your consent to be placed on non-foundation floors in the rental property.   At a minimum, an extra-heavy items clause should inform your tenants that:

  1. Prior written approval is required to place extra heavy items on non-foundation floors.
  2. Placement of extra heavy items on non-foundation floors may be restricted to certain locations / orientions on the floor.
  3. Certain extra heavy items may not be able to be placed on non-foundation floors in your property at all. 
  4. You are not liable to them for damages if they purchase a heavy item that cannot be placed in the property.
  5. They are responsible for any damages caused by heavy items placed on non-foundation floors, or in unapproved locations/orientations without your written consent.
  6. Most renters insurance policies will not cover damage to the structure caused by tenants, whether intentional or unintentional.

For renters: If you are concerned about a heavy items clause in a lease agreement, ask the landlord to issue you a waiver and/or placement location for heavy items that you want to move on the property before signing the agreement.  Don’t sign a lease agreement with the expectation that the landlord will agree to placement of heavy items later.  If he refuses, you will be obligated to pay the rent, and will have to store your heavy items until you can find a new place.

If a heavy item that you don’t have approval for has caused damage to the property, you should inform the landlord immediately and consider contacting an attorney.  Renters policies generally do not cover damage to the structure of the rental property (even in the case of personal liability).  You could end up paying for repairs out of pocket, or at a minimum the deductible on the landlord’s insurance policy.

What do you think?  Do you have an extra-heavy items clause in your lease agreement?  Are you a landlord or a renter?

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