Liability Clauses in Leases... Meaningless?

Question

I have clauses in my lease saying I'm not responsible for injury or loss to person or tenant's property, and that tenant waives all claims.

Are these clauses meaningless?

If something happens, they can still sue, lease clause or not?

Say they fall down the stairs. Or, the pipes freeze and leak all over their stuff. Or, a freak hurricane wipes the place out. Or, something sparks.

Would liability clauses in a lease be useful, or am I kidding myself by even including them in the lease?

Jon K. · Answer

Interesting. I bet the disclaimer did help you on that one. I plan to keep my disclaimers-- seems like it would at least "encourage" a tenant not to try to sue if something is their fault. If they're sue happy, they're going to try to sue one way or another.

Lynn McGeein · Answer

I agree -- I believe these disclaimers saved my behind in VA, even though I've heard they are legally meaningless, as it may have stopped the tenant from suing in the first place, so no expensive court battle to start with, even though it was contributory negligence so I probably would have been okay.  She left toys at the top of her stairs with no child gate (and was told by us how dangerous that was), and her daughter tripped over one, fell down the stairs and broke her collar bone.  I thought I was in for a lawsuit, but they never filed, and I think having the disclaimer in there helped.

Jon K. · Answer

That makes sense about negligence and liability.

But... what if someone were injured somewhere at absolutely not fault of the landlord?

Say some college kid gets drunk, climbs on a roof, and falls off.

Or, say, someone misuses an appliance or personal belonging so badly that it starts a fire, flood, etc. Or, there's an earthquake or other natural disaster. Is the landlord still going to be run over the coals for something they had no way to prevent?

Lola Brin · Answer

thanks

Carlos Flores · Answer

Lola Brin TAA = Texas Apartment Association.  They have a residential lease version that members can use.

Joe Bertolino · Answer

I would not say meaningless as they have some value in discouraging smaller pesky claims.  If real bodily injury or property damage takes place,  the waiver probably won't provide much relief.

Steve Babiak · Answer

The above question was intended for Carlos F., I believe.

Lola Brin · Answer

what is the TAA lease and addendum

Bill Gulley · Answer

Agreed, most of the time disclaimers are posted or contained in agreements simply as the first line of defense which goes along with the first rule to evade responsibility.....deny, deny, deny.

These can be  useful in states that have contributory negligence applied to claims. One party may be 20% responsible due to not having a decent lock, the other is 80% at fault for putting the flat screen in the picture window.....whatever. Who knows how a judge or jury or both may see a situation and lay blame toward one or the other or both.

You will have certain responsibilities as a landlord, to provide safe, secure housing, free of disruptions and right to quiet enjoyment. Your rent received is really payment for such basic requirements.

Carlos Flores · Answer

No disclaimer / waiver can prevent someone from trying to sue you.

I've become a fan of the TAA lease and addendum.  Not only because of the wording, but because judges know it backwards and forwards.  It offers the option to require insurance, and is "strongly recommended" if not required.

I don't recall exactly what it cost me to increase coverage to $1m, but it was less than $25 per year.