Updated over 4 years ago on . Most recent reply
Landlord responsiblity and liabilty with gap in fence
I have a tenant that ask for things all the time. I don't think I need to respond to all of it. This is my only property and I'm not the greatest at saying no to her.
The latest request: There is a small gap between the fence and the garage, less then a foot. She's worried that her 3 year old son will get out and wants me to..... close the gap somehow. I don't think I have to do this. But, if her kid gets out of the backyard through this gap and gets hit by a car or something, would I be held responsible?
Most Popular Reply
- Real Estate Broker
- Cody, WY
- 41,447
- Votes |
- 28,238
- Posts
Did the gap exist when she looked at the home, applied to rent it, and then signed a rental agreement? I have a very simple clause that tenants are required to initial. When a tenant asks about fixing a gap in the fence, replacing flooring, or whatever, I can point them back to this clause and it cuts them off:
MOVE-IN CONDITION. Tenant acknowledges the rental was represented through marketing materials designed to attract
applicants for in-person inspections. Tenant was given the opportunity to inspect the rental prior to signing this Agreement. Tenant
elects to accept the property in its current condition and/or they are waiving their opportunity to inspect, at their own choosing and for their own convenience. Landlord shall not be obligated to clean, decorate, alter, repair, or otherwise improve the rental, either before or after the execution of this lease, unless agreed to in writing as part of this Agreement.
- Nathan Gesner
