Renter wants modifications to lease, need advice

[Dee Bearden]

I'm using a standard North Carolina lease I found online and my renter wants several changes. Any advice on these? I don't have a lawyer on retainer.  The first few seem potentially problematic...

23. Indemnification – add “Tenant shall not be liable for any damage or injury that arises due to defects in the Premises and Landlord hereby agrees to indemnify, defend and hold Tenant harmless from any and all claims or assertions of every kind and nature.”

27. Attorneys’ Fees – add “Should it become necessary for Tenant to employ an attorney to enforce any of the obligations of the Landlord, Landlord agrees to pay all expenses so incurred, including a reasonable attorney’s fee.”

5. Condition of Premises – add “Landlord represents and warrants that Premises are in good working condition including all structures, appliances, HVAC, water heater and plumbing.” Could add this sentence under No. 9 Repairs in the General Use Addendum if that is easier.

10. Hazardous Materials – add “Landlord represents and warrants that Premises are free of any mold, mildew, fungi and bacteria.” We need to have this included since there are two whole sections in the General Use Addendum that covers these (never seen this before!). This sentence could added to those sections in the Mold and Mildew Addendum if that is easier.

12. Maintenance And Repairs – add “Landlord is responsible for repairs that may arise from the age of the Premises and associated ordinary wear and tear. Tenant shall be responsible for notifying Landlord of any such needed repairs in a timely manner and Landlord shall be responsible for arranging for such repairs in an equally timely manner.” This too could be added to No. 9 Repairs in the General Use Addendum is that is easier.

[Patrick L.]

Sounds like a litigious tenant, I wouldn't agree to any of those.   If it's a prospective tenant move on now.