Water Front Rental - Landlord Forum thread 326394

Water Front Rental by Brandi on October 27, 2014 @12:48

I have a property with a creek running behind the house, basically right in the back yard. Is there any special addendum I should add to protect us from any problems that could occur?

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Re: Water Front Rental by Bill on October 27, 2014 @13:08	[ Reply ]

Liability waivers will prove unenforceable. You should talk to your insurance agent about what kind of coverage you need.

^ Liability waivers help by Lighthope on October 27, 2014 @14:51	[ Reply ]

Contrary to the above, liability waivers are ALWAYS a good idea. Don't lay down and give up rights that you may be able to assert. If a Court wants to deem a waiver "unenforceable," the burden will be on them to demonstrate it, and on them to defend on appeal. (Technically, the tenant will have to do that.) On the other hand, if you do nothing, a Tenant can very easily claim that the responsibility is yours. Now mind you, you can't (and mustn't) try to get a tenant to waive something that the law specifically gives them. Courts really don't like it when you do that. OTOH, a waiver for a creek is perfectly legitimate. "Tenants understand that there is a creek on the property. Tenants are fully and solely liable for any accidents to them, their guests, and/or property due to the creek. Tenants indemnify and hold harmless Owner from any damages resulting from the presence of the creek. Tenants are fully responsible for any damages to themselves, guest, and/or property resulting from the presence of the creek." Lighthope Pearls of Wisdom - "The most terrifying words in the English language are: I'm from the government and I'm here to help." - Ronald Regan

Re: ^ Liability waivers help

Re: Water Front Rental by Garry (Iowa) on October 27, 2014 @19:55	[ Reply ]

Beyond addendums, insurance, and waivers, what have you physically done to protect yourself ? I realize it's a draw to get a potential tenant, but have you put up a 4-6ft fence (either chain link or wrought iron ) to keep kids and pets away from the creek, yet still keep it visually appealing? My guess is that is what an insurance co. will ask you to do.

Re: Water Front Rental

Re: Water Front Rental by Anonymous on October 27, 2014 @20:59	[ Reply ]

after googled "kid missing in the water", none will do that anymore.