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Stephanie G.
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Rental house- mowing liability

Stephanie G.
Posted Sep 30 2022, 15:52

I'm considering buying a house to use as a rental- but concerned that it's on a pretty steep hill. If the tenants mow the yard and roll their mower and become injured or worse. Am I liable as the property owner??

It's an estate auction in the morning, so time is a factor. Any advice or guidance is appreciated!

Thanks,

Steph

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Bjorn Ahlblad
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Bjorn Ahlblad
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Replied Sep 30 2022, 16:38

Just buy some liability insurance so your assets are covered. Speak with your insurance agent or broker. All the best!

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Bruce Woodruff
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Bruce Woodruff
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Replied Sep 30 2022, 17:25

I would hire a professional. Even with  great liability Insurance, there could be issues. There was a known hazard (the hill) and yet you encouraged a tenant with possibly no mower experience (that's what they will say in court) to undertake this dangerous activity. Just to save a few bucks. A judge would love this.... 

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Stephanie G.
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Stephanie G.
Replied Sep 30 2022, 17:29

That's the conclusion that I was thinking too. Thank you for both of your input, it's appreciated!

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Theresa Harris
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Theresa Harris
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Replied Sep 30 2022, 17:32

If you are worried, include mowing as part of the rent and charge a bit more. Then hire a company to do the mowing.  Other option depending on how the hill is sloped (ie higher close to the house and lower near the road), do some terracing.

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Adah N.
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Adah N.
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Replied Sep 30 2022, 20:16

@Theresa Harris

Even without a hill, landlords need to get in the habit of maintaining their yards and not leave it up to the tenants. You can always tell which homes are tenant occupied and which are owner by looking at the lawns. Just add lawncare to the rent and hire professionals to do it.

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Rick Albert#2 House Hacking Contributor
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Rick Albert#2 House Hacking Contributor
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Replied Sep 30 2022, 20:48

You could manage the gardener and just past the fee onto the tenants. That's what I've done.

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Dan Heuschele
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Dan Heuschele
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Replied Oct 1 2022, 03:37

Regardless if you have tenant mow or hire a gardener, have proper asset protection. Note anyone can sue, but the reality is lawsuits on rental properties are rare and more rare if you are a conscientious landlord that properly maintains the property and tries to abide by the laws.

I have a multi million umbrella policy.  I guarantee you if I get sued the insurance company will be providing lawyers to protect their interest.  I have zero worries about being sued.  

I get threats of being sued regularly, including this week. I have never been sued for a RE item. This includes a lawyer (I call him 2-bit) who has threatened to sue me multiple times. I eagerly wait to be served but it will never happen.  Even though I recognize the chance of being sued over a RE item is small, I have (and pay for) the umbrella policy.

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Oct 1 2022, 05:07

What if they trip and hit their head on the 90-degree angle of the wooden bannister? Or a child drowns in the bathtub? Or they choke on a hotdog stored in the refrigerator that you provided? Seriously, where does it end?

If you're worried about stuff like that, maybe you shouldn't be a Landlord. 99.9% of all renters will act like adults and take personal responsibility for their actions. If you are concerned, hire a professional and add the cost to the rent or make the tenants sign a document that they were warned about the possibility of rolling over and they release you from all liability.

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Stephanie G.
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Stephanie G.
Replied Oct 1 2022, 10:57

Absolutely, I'm still figuring out if I even want to be a landlord! I've been a pediatric nurse for 30 years, trying to do something new. I've flipped my first 3 houses in the last 18 months, and made good money. But this would have been my first rental. 

I guess as a nurse, I always think of someone getting hurt or worse, especially because people die rolling mowers and tractors here in east Tennessee. The risk of the hill made me worry about the well-being of the tenant-- plus my own liability.

The outcome is that I didn't buy the house!  If I bought it and can only get $1000/month for rent. I would have paid for the lawn care, would have been $75-100/week during mowing months (April-early November) + insurance + taxes + any house maintenance = it's not worth it for me to tie up my money.  I'd rather use my cash to flip another house instead of tying it up.

So, it really did come down to professional lawn care costing up to $400/month to make the deal not worth investing in for me. 

It's great to have Bigger Pockets to learn from experienced investors. I really appreciate everyone's input. I hope everyone has a great weekend!

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Bruce Woodruff
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Bruce Woodruff
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Replied Oct 1 2022, 12:54
Quote from @Stephanie G.:

Absolutely, I'm still figuring out if I even want to be a landlord! I've been a pediatric nurse for 30 years, trying to do something new. I've flipped my first 3 houses in the last 18 months, and made good money. But this would have been my first rental. 

I guess as a nurse, I always think of someone getting hurt or worse, especially because people die rolling mowers and tractors here in east Tennessee. The risk of the hill made me worry about the well-being of the tenant-- plus my own liability.

The outcome is that I didn't buy the house!  If I bought it and can only get $1000/month for rent. I would have paid for the lawn care, would have been $75-100/week during mowing months (April-early November) + insurance + taxes + any house maintenance = it's not worth it for me to tie up my money.  I'd rather use my cash to flip another house instead of tying it up.

So, it really did come down to professional lawn care costing up to $400/month to make the deal not worth investing in for me. 

It's great to have Bigger Pockets to learn from experienced investors. I really appreciate everyone's input. I hope everyone has a great weekend!

Find something flat and put artificial turf down :-)

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Henry T.
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Henry T.
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Replied Oct 1 2022, 12:59

You are not making him do the mowing. The lease will say that its the tenants responsibility to hire a competant mowing service at timely intervals,  to keep the lawn looking at least comparable with neighbors, no longer than 3" or whtever, blah blah....Or, maybe you could re landscape, level some, add rockery or shrubs, bulkhead. ??? Goats love hillsides. Renta-goat.

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Jason Marino
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Jason Marino
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Replied Oct 2 2022, 14:44

You have a very fair concern. Things like pools, ponds, and steep hills do create increased liability for Landlords beyond some of the more routine accidents that were described above. If you are highly risk-averse, it might be best to avoid properties with features like these that exist on the properties (it appears that you did this with this property). As discussed above, insurance will generally cover the majority of these issues, but it additionally helps to have an asset protection structure in place as a backup if this is a concern that you have.

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Malkia Ra
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Malkia Ra
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Replied Oct 2 2022, 15:56
Quote from @Adah N.:

@Theresa Harris

Even without a hill, landlords need to get in the habit of maintaining their yards and not leave it up to the tenants. You can always tell which homes are tenant occupied and which are owner by looking at the lawns. Just add lawncare to the rent and hire professionals to do it.


 Completely agree.