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indemnity statement - who is liable

Tammy R

started a topic almost 15 years ago

I have a statement on previous leases that specifically states owner is not liable for any injury or death of any person or animal. Is this a fair statement and am I, as a owner, liable if this is not stated on the lease? Is this something where I am covered if they have renters insurance. What if one of their guest is injured or hurt on my property am I liable. I'm a bit confused this isn't on our lease and is it necessary. Thank you!!! Tammy

1 Comment

Donna

said almost 15 years ago

This is one of those gray area's. Where permitted, I require my tenant to obtain renter's insurance. Be VERY careful when accepting pets-there are many breeds your liability insurance will not cover. Indemnity clauses are frequently used in Commercial leases. A tenant may sue for injury or any person; whether you have the clause or not. Often they do not hold well in court and sometimes can even backfire. Ultimately, a landlord should never over-look a hazardous situation. By keeping the rental in good, safe condition, having the proper insurances and when applicable making it a requirement for your tenant to obtain insurance; can prevent frivilous lawsuits.