Personal Liability Vs Broken Lease Agreement - Landlord Forum thread 352854

Personal Liability Vs Broken Lease Agreement by Tom (California) on June 20, 2017 @17:13

I have a tenant that was renting from my property for residential use only as stated in the agreement. He fell off my property from a balcony and now is suing.
If I know that he has broken the lease agreement prior to his fall because he has been running his business out of my property without my knowledge am I still liable?

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Re: Personal Liability Vs Broken Lease Agreement by Garry on June 20, 2017 @17:41	[ Reply ]

We, and especially YOU, need a LOT more info, before anyone can answer that question. As you know, anyone can sue anybody for anything at anytime. So I hope you have good liability insurance on your property. You will need to get any and all police or fire dept. reports of the incident. Also hospital and witness reports. Did he ever report a problem with the balcony, that you did not address? IF he was running a business out of your property, did he have insurance ? You should turn any lawsuits over to YOUR insurance company. That's what you pay them for------to protect YOU. Your ins. comp. will also be the one to answer your lease questions.

Re: Personal Liability Vs Broken Lease Agreement

Re: Personal Liability Vs Broken Lease Agreement by Anonymous on June 20, 2017 @20:23	[ Reply ]

"he has been running his business out of my property without my knowledge" How do you know and what kind of business. Any way, a landlord cannot waive their liability to keep the property in repair and safe condition. How did he fall off the balcony? Was the railing defective? How did the business contribute to his fall? Your insurance company will most likely settle any claim and raise your rates or cancel you if you have been negligent in inspections and repairs.

Re: Personal Liability Vs Broken Lease Agreement by Pete on June 21, 2017 @07:29	[ Reply ]

I would hire a lawyer to protect my own interest. Your insurance company should cover any issue with the Tenant accident. But you should have a lawyer to make sure that your insurance company actually covers all cost involving this. The insurance companies are looking to keep money in their own pocket. You hire a lawyer to keep the insurance company honest. Don't ever believe the insurance company is your best friend no matter how long you've done business with them. They are in business to make money. Period.

Re: Personal Liability Vs Broken Lease Agreement by Anonymous on June 22, 2017 @09:12	[ Reply ]

What does the tenant running a business have to do with it. A visitor could have easily fallen from the balcony instead of your tenant. You would still be potentially liable if you were negligent in some way.