September 12th, 2022 at 11:37 am
A. Seller Property Questionnaire (SPQ).
B. Lease Listing Agreement (LL).
C. Residential Lease Agreement (LR).
D. Addendum (ADM) to the lease agreement.
Answer: Answer A is wrong. It’s true that the Seller Property Questionnaire (SPQ) has a checkbox for disclosing that an occupant died on the premises within the last 3 years. However, the SPQ is a disclosure used by a seller, not a landlord. Many of the matters addressed in the SPQ do not pertain to a lease transaction.
Answer B is wrong. A Lease Listing Agreement (LL) is an agreement between a landlord and listing agent. It should not be used to disclose a recent death to a tenant. That said, the LL form does have a checkbox for the landlord to inform the listing agent that an occupant died on the premises within the last 3 years (see paragraph 10N).
Answer C is the correct answer. The Residential Lease Agreement (LR) was recently revised in December 2021 to include a checkbox for disclosing that an occupant died on the premises within the last 3 years (see paragraph 38J).
Answer D is not the best answer. It’s not wrong to use an Addendum (ADM) to disclose a recent death to a tenant, but generally speaking, you should not add another piece of paper to a deal unless necessary. After all, the parties might not see the separate Addendum, they might fail to sign it, and they might misplace it.
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