My lease for my mountain rental property states NO ATV on the property. Just curious as my tenant candidate moving in 10/1 uses an ATV with plow to clear the driveway for snow removal. Would this be an issue with my home owners policy? Or if leases use this to protect property from erosion, or if tenant killed from ATV accident, would the homeowner be sued because driveway too steep and contributed to rollover etc., or should I add into lease that landlord NOT responsible for any injuries/death with ATV on property?
Thanks in advance
@Stephen Craul so why is that clause in your lease? Where did your lease come from? It sounds like it's a lease you got from someone else. At any rate, knowing why the clause is in the lease, lets you make the decision. I would say this, snow removal is important and in the mountains there is enough snow that you don't want to be doing it by hand. You could always prohibit ATVs and contract out the snow removal so that there is need to remove your clause.
Personally I am not inclined to change my lease so that I can take a tenant. My personal rule is that my lease only changes under a few circumstances. 1) I found something new I want to add because of some new education. 2) My attorney saws something needs to be added or removed to comply with the law or reduce my liability. 3) My tenants have, by their behavior, shown me a short coming in my lease.
Here is a little montra to say to yourself "a vacancy is a blessing compared to a bad tenant".