Renting/landlord question...

[6packofun]

I can't seem to find this answer, but is a landlord generally allowed to include in a lease that he isn't responsible for anything that happens to the tenant's personal property in any situation whatsoever?  Our says that the "Owner shall not be liable for any damages to said personal property...(long section explaining circumstances of bursting, leaking pipes, etc)....from any acts or neglect of co-tenants, other occupants of the building, or any other person...in, on or about the Premises."  I've left other wording out that just describes other stuff, but this seems SO general that we would not be able to ask landlord to pay for things that HE has destroyed.  He has run over or hit at least 3 items--none expensive, but all were ruined--while using his riding mower to do lawn care as he is obligated by the lease.  So, do you think "any other person" means the landlord can break our things and not have to replace them?

 

We've chosen not to make a big deal of it and he's never even approached us to let us know these things were broken.  I'm just wondering if this is typical for landlord-tenant law to not have a responsibility for the tenant's property.  Is it truly "All personal property in, on or about the Premises shall be at the Tenant's risk only"?

[SparklyUnicorn]

It seems reasonable to me.  You can buy insurance for your stuff.  I wouldn't consider gross negligence on his part to necessarily be protected by this. 

 

What did he run over? 

[6packofun]

Just small stuff.  All 4 posts holding our volleyball net up--which we asked if we could put up.  Our dog's 30 ft. leash staked into the ground--that we also told him was there and we put near the deck and coiled up, not out in the middle of the yard.  He hit the metal pole holding my bird feeders--I happened to be looking out the window as he hit it, bent it and then shoved it back into the ground where it tipped over after 2 minutes.  LOL

 

If I bring it up at all it would be to maybe ask him to be more careful?  I dunno.  It's NOT a huge deal, I'm just wondering to what degree a landlord can be careless just because we're taking a risk having stuff on his property.  lol  Our rental situation is weird because it's a house AND 2 businesses (in one separate building) on the same property.  All three entities even share ONE single mailbox.  It's weird.  People from the businesses come into the yard, even walking from the backyard up our driveway to get to the street just because they can.  We're moving in a year or two if we can last.  :laugh:

[SparklyUnicorn]

Hm.  That stinks.  I might ask if I could mow the lawn myself.  But either way, I WOULD mention it to him.  I would not consider this protected under he isn't responsible for damages to your stuff.

 

If I recall correctly, last time we rented this was also stated in the lease.  My husband's wedding ring was damaged because he hit a live wire sticking out of the front of the house.  100,000% I'd consider that the landlord's fault and luckily that is the worst thing that happened.  He did offer to pay for damages. 

[creekland]

Yes.  That's what's recommended in leases and what renter's insurance is for.

 

With your specific small things, I'd possibly mention it to him unless you think he's doing it on purpose because things got left out...  If we'd been responsible for things like that, I'd replace them, but legally we certainly don't have to.  In our contracts the tenant is responsible for keeping up the yard, etc, so we don't get those sorts of problems.

[eternalsummer]

Yes.  That's what's recommended in leases and what renter's insurance is for.

 

With your specific small things, I'd possibly mention it to him unless you think he's doing it on purpose because things got left out...  If we'd been responsible for things like that, I'd replace them, but legally we certainly don't have to.  In our contracts the tenant is responsible for keeping up the yard, etc, so we don't get those sorts of problems.

 

 

Well, if you'd come onto your tenant's lawn and kicked over their lawn flamingo, then stomped on it a bit, surely you'd still be responsible?  Not through the auspices of the lease, per se, though.

 

Look, I'm sure if the landlord runs his riding lawnmower into your car and does significant damage, he's responsible, right?  You can't just make someone sign something that says you can damage any of their property at any time, lalala, etc.

 

But he might not be responsible in that case as the landlord, but as a private individual who has damaged your property.  I don't know how you would pursue remediation (if it were something significant like car damage).  As it is, if you'd hired a landscaping guy and he kept running over your stuff, you'd say something, right?

[creekland]

Well, if you'd come onto your tenant's lawn and kicked over their lawn flamingo, then stomped on it a bit, surely you'd still be responsible?  Not through the auspices of the lease, per se, though.

 

Look, I'm sure if the landlord runs his riding lawnmower into your car and does significant damage, he's responsible, right?  You can't just make someone sign something that says you can damage any of their property at any time, lalala, etc.

 

But he might not be responsible in that case as the landlord, but as a private individual who has damaged your property.  I don't know how you would pursue remediation (if it were something significant like car damage).  As it is, if you'd hired a landscaping guy and he kept running over your stuff, you'd say something, right?

 

I think this is it.  It becomes a vandalism problem and not a tenant/landlord one.  It wouldn't matter who is doing the vandalizing.

[Guest]

It is normal terminology for a lease. I would mention the items broken, though.

[lllll]

nm

Edited January 18, 2018 by .....

[SparklyUnicorn]

I think really what this means is if the house falls down or something crazy happens, he isn't responsible.  I can fathom this being a potential problem in such a situation.  This does not absolve him from recklessness.  I'd argue that there are even some situations he'd be responsible for even IF he says otherwise.  For example, if he didn't do his part to maintain something required by law and you lost a lot of stuff as a result.  I don't see how he could not be held responsible.

 

 

 

 

[chiguirre]

Just make sure you're not liable if he ends up hurting himself on his riding mower. Riding over metal objects and hoping they don't fly up and hit you in the face is pretty reckless.

[creekland]

Just make sure you're not liable if he ends up hurting himself on his riding mower. Riding over metal objects and hoping they don't fly up and hit you in the face is pretty reckless.

 

Definitely dumb to be polite.  I'd hope something like that would fall back on his own liability insurance he has to keep on the place.  Renters insurance only covers their belongings if I recall correctly.  I know in our state, we have to keep the liability insurance if someone gets hurt there.

[mom@shiloh]

We have rentals and it does sound like typical lease language to me.  I think that many renters don't understand that they need to carry insurance on their personal property because insurance companies won't even allow landlords to insure other people's personal property as far as I'm aware.  I think that your options are:  ask him to be more careful, take over the lawn mowing yourselves, or ask him to let you know before he mows so that you can remove everything from your yard before he mows.  

[Sandwalker]

Definitely dumb to be polite. I'd hope something like that would fall back on his own liability insurance he has to keep on the place. Renters insurance only covers their belongings if I recall correctly. I know in our state, we have to keep the liability insurance if someone gets hurt there.

Many renter's insurance policies have the option to include liability.

[creekland]

Many renter's insurance policies have the option to include liability.

 

Thanks.  I had no idea.  I know in our state we are required to keep it on the property since we're the owners.  Does the renter's liability apply to their things (falling out of a bunk bed, tripping on a chair, etc)?  Ours is for the house and property.  It covers nothing at all with the tenant's belongings and explicitly says so.