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General Landlording & Rental Properties

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John Riggs
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Liability concerns for property

John Riggs
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  • St. Louis, MO
Posted Jan 23 2022, 10:31

Hello BP community.  I am looking at an out of state property and just got the inspection back.  A question, the back porch has had settlement which in the inspectors words has caused the porch to slope away from the house at a severe angle.  The house is in Ohio so the first thing that comes to mind is ice and snow on the porch and the tenant slips and falls.  Do I as a Landlord hold potential liability for something if that does happen?  Appreciate any and all feedback, thanks!

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Bjorn Ahlblad
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Bjorn Ahlblad
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Replied Jan 23 2022, 13:13

Absolutely possible. World knows landlords are rich beyond imagination so if someone slips and wrenches their back you are a target. Liability insurance is your friend. 

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Bruce Woodruff
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Bruce Woodruff
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Replied Jan 23 2022, 13:19

Of course you are. Even with insurance, if the injury is severe enough they can still come after you. What would it cost to rebuild the porch? $5 -10k...? Or get rid of the porch and just install a basic set of stairs....

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Jason Bott
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Jason Bott
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Replied Jan 23 2022, 18:56

@John Riggs as the owner of the property, you could be held responsible for any slip and fall, especially if the plaintiffs lawyer can show negligence.  Sounds like it would be easy for them to get you on the hook for a claim related to this porch.

Another thing you should be aware of.  Once you close and sign up with an insurance carrier, they will most likely do an inspection.  If the porch looks like a hazard, many insurance companies will demand the porch be fixed or removed ASAP, otherwise they will cancel coverage. 

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Sam Shueh
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Sam Shueh
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Replied Jan 23 2022, 19:05

Americans are sue-savvy. You need to have it on the contract. Are safety rails there?  Who's job is it to clean porch.  I will spend $ to raise it and show to the tenants you have made necessarily repair.   Furthermore, I suggest you buy umbrella policy to protect you. 

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Jan 24 2022, 04:07
Liability exists, though I would guess it's small if you disclose to the tenant in writing and they accept the risk. My bigger question is: why would you leave it that way? Get it leveled out, replace it, or tear it off. If you don't take care of your property, the tenants may not, either.
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John Riggs
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John Riggs
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Replied Jan 24 2022, 04:54

Thank you everyone for your insights it confirmed what I was thinking already.  Very much appreciated!