Law Offices of Heist, Weisse, and Wolk, P.A.
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FIREPLACES AND RENTALS
09-02-2025
FIREPLACE
09-02-2025

IF THERE IS A FIREPLACE PRESENT IN A RENTAL PROPERTY, THIS MUST BE ADDRESSED WITH THE TENANT IN WRITING

 

  1.  Many homes in Florida have a gas or wood fireplace that may or may not have ever been used, is fully functional or is totally non functional.

 

  1.  A tenant is 100% allowed to use a fireplace unless use is specifically prohibited by the Lease. 

  

  1.   The Property Owner must be asked about the fireplace so the Property Manager can take further steps.

 

  1.  Fireplaces that have not been used for extended periods of time may have defects which could create dangers.  The fireplace may be cracked, the flu obstructed by objects such as nests or the flu cracked or damaged.  If gas fired, further dangers can exist.

 

  1.  The Property Owner or Manager may have an expectation that the fireplace will not be used or the Tenant may state that they will not use it.

 

  1.   The proper or improper use of a defective or fully working fireplace can cause fire, smoke damage, structural damage and personal injury or death.

 

  1.  If the use of the fireplace is not permitted, this must be clear in the Lease.

 

  1.  If the use of the fireplace is permitted, this must be clear in the lease and the rules and instructions for proper and safe operation must be given to the Tenant along with an acknowledgment of receipt.

 

  1.  If the use of the fireplace is permitted, the lease must address whose responsibility it may be for professional chimney cleaning, maintenance, repair and if gas fired who is responsible for the gas.  

 

A GAS OR WOOD FIREPLACE CAN CAUSE SERIOUS DAMAGES TO THE PREMISES AND CAN RESULT IN SERIOUS PERSONAL INJURY IF DEFECTIVE OR USED BY A TENANT WITHOUT ANY PRIOR FIREPLACE KNOWLEDGE OR EXPERIENCE.

 

WHEN ACCEPTING A PROPERTY FOR MANAGEMENT, IF THERE IS A FIREPLACE PRESENT, IT IS CRUCIAL FOR THE PROPERTY MANAGER TO ADDRESS ALL FIREPLACE RELATED ISSUES WITH THE PROPERTY OWNER AND THE TENANT IN WRITING OR THERE CAN BE AN UNEXPECTED DISASTER OR EXPENSE.

 

HEIST, WEISSE & WOLK, PLLC

“Serving the Property Management Professional”

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  • STORM
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  • LEASE
  • EVICTIONS
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  • LEAD
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  • DEPOSIT
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  • EARLY TERMINATION
  • CORPORATE TENANTS
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  • YOUR TENANT SERVED YOU WITH A 7 DAY NOTICE - WHAT DOES THE TENANT WANT?
  • WHAT DOES THE TENANT WANT?
  • VERBAL AGREEMENTS
  • TERMINATING DUE TO A MAJOR REPAIR NEED
  • TERMINATING DUE TO MOLD