knew owner, do i tell the old tenants to ditch the jungle gym?

Question

hello i'm a new investor with my first rental property in Easton PA, taking over management the old landlord allowed the current tenants to keep a trampoline and a jungle gym in the yard which i'm against. The tenant is okay with removing the trampoline but is against getting rid of the jungle gym claiming that its her tenant right to keep her property there because she pays for the yard. she has yet to sign my new lease and the previous "management" never had an official lease explaining such discrepancies. Im mostly just afraid of her kids or neighbors getting hurt and starting a lawsuit

is it within my right as the current owner to tell her to remove the jungle gym? or am I better off leaving it and writing it into my lease that i wont be held accountable for any injuries?

Nathan Gesner · Answer

Ask your insurance company. If they have no problems with it, then you should not either.

It is a sad state of affairs when playground equipment for children is outlawed by landlords. The odds of a guest being injured on a playground installed by your tenant and then resulting in a lawsuit against you is so ridiculously rare bet it's laughable. We can't bubble wrap every corner in the world. I prefer to let people live their lives and accept the risks that come with it.

Joe Martella · Answer

You can require the tenant to get liability insurance and name you as additional insured.  I have a house with a pool and that is what I do.

Anthony King · Answer

@Nathan G. I shared this sentiment. Of course, I won't let my tenants use forks because I just can't risk the liability. Only sporks allowed in my rentals, as written in my 976 page lease. What a shame.

John Summerhays · Answer

when i spoke with my insurance agent i was told that it seemed to be allowed as long as she has proper renters insurance and yeah unfortunatly not a lot of multiunits for sale are like that here in Pa. she is a month to month tenant so worst case I could give her proper 60 day notice

Randy Gutierrez · Answer

Just sign a new lease with your name and the tenant and make sure to have it written in there that you are not liable if something happens. If you want, you can require renters' insurance on top of it. Tenants willing to buy such items are more than likely willing to stay long term, personally I'd be more concern about the rent they are paying. If they refuse to sign a new lease, then just give them their 30-day notice to vacate.

Colleen F. · Answer

if  it is in good condition, she has renters insurance with liability and your insurance doesn't care, I would allow it.   Now if it is in disrepair it is a different story she has to put it in good condition.  Newest thing insurance companies are asking about is ziplines, good thing my kids are grown.

I would just go back to her and say I discussed it with my insurance company and then give her the conditions for keeping it. On the other hand if you want to give her notice then go ahead and do it now and take the vacancy.  Any home with a yard and a family they are eventually going to want something for kids to play on so you are going to have to define acceptable backyard uses on showing and in your lease.

John Summerhays · Answer

oof well yes she is month to month at least so worst case im covered there if its written on my lease i will not be liable and she has renters insurance would i still be at fault?, end goal right now im planning to take some time to redo the upstairs apartment, keep her there and when i'm finished move her out and remodel the downstairs

Matt M. · Answer

You can write in whatever you want, doesn’t mean it will hold you harmless. Is it a month to month lease? If so, I’d give 30 days notice and have them leave. We have no shortage of people looking for housing here in Easton

Jane S. · Answer

Check with your homeowners insurance they probably wont allow it.

Also her comment “paying for the yard” is idiotic.

“Old” owners have a frightful habit of “letting tenants do whatever” …

Im sorry for you that you are getting a horrible experience with legacy tenants. I will NEVER purchase a property with sitting tenants I dont care who they are the seller has to deiver empty prop at closing.

Good luck with this “thinks shes an owner” probably will withhold rent until you let her have her way

knew owner, do i tell the old tenants to ditch the jungle gym?

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