It’s Monday morning, and our tenants from #3 sent us an eMail over the weekend, letting us know that they had been to Costco and purchased a Samsung 50” UHD TV, They had an appointment with the installers for Wednesday afternoon. They simply wanted to know if there were any restrictions at the property regarding hanging the TV on the wall in the living room.

Our answer was to remind them that, if and when they might move out, it would be their responsibility to repair any damage that the installation process might cause. We also reminded them that under the terms of the “ASBESTOS DISCLOSURE” notice that was part of their lease, they should not create any holes in the wall surfaces greater than ¼”

As a reminder, all leases should include an “ASBESTOS DISCLOSRE” addendum. Ours includes the following language:

Tenant(s) acknowledge that this is a WARNING that the Leased Premises may contain asbestos and may expose him/her to a chemical known to cause cancer. Tenant(s) agree that no improvements, alterations, modifications, or repairs to the premises shall be made without the express approval of the Landlord This approval will depend upon acceptance of a written plan of protection from the release of or exposure to asbestos.

Tenant(s) may hang only pictures and other wall ornaments with hangers that are less than ¼” diameter. Tenant(s) will notify the landlord immediately where there exists a hole larger than ¼” diameter, evidence of a water leak, and/or any appearance of crumbling or peeling in the wallboard or ceilings.

As hanging a TV that could weigh around 40 pounds might easily involve wall-anchors and fasteners in the ¼” range, it was important that the tenants be reminded of, and aware of the agreement they had signed. Such a reminder would also help to shift the liability burden to the tenants if they should exceed the ¼” limitation. It just seemed prudent to give such a reminder, and so far, it has worked well for us.

Dear Readers: This article is the 259th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, JD, CPM, CCAM, 99 S. Lake Avenue, Pasadena. Fin.Beven@BevenandBrock.com. www.BevenandBrock.com www.RentBandB.com/Vacancies