Legal Question in Real Estate Law in California
rental condo liability
We have rental condos with 3 floors of stairs in Los Angeles. When renters add their infant babies or elderly parents on the contract after they review our condos with 3 stairs, can we require them to sign a waiver to release us of potential liabilities for the elderly or the infants, for example, what if they fall down the stairs or get hurt in the bathtub?
Will the waiver, if signed, be valid under the law?
Can we require the renters to buy their own liability insurance for this?
We are covered by condo association liability? Should we buy extra liability insurance for the situation mentioned above?
Or what other things should we do to protect our asset?
3 Answers from Attorneys
Re: rental condo liability
I agree with Mr. Berger; landlord liability is for their own negligence, not the tenants'. I would add that landlord attempts to release themselves from liability to their tenants are contrary to public policy and most attempts to get the tenant to waive their right to sue the landlord for the landlord's negligence will not be upheld in court.
Re: rental condo liability
Afterthought: The public policy against tenant waiver of rights is codified at Civil Code section 1953.
Re: rental condo liability
If someone falls down the stairs because they are old and unstable or because they are young and uncoordinated, that's not your fault. It would be your fault if there was a dangerous condition on the premises, like stairs that are too steep or a staircase with a loose or missing railing.
Keep the place in decent shape, tell the tenants to immediately tell you if they notice any unsafe condition and get insurance. If you want more peace of mind, increase the policy limit on your insurance. It is usually pretty cheap to double your coverage.
If you want even MORE peace of mind, but them some nice gates that are used to keep infants away from stairs and have them sign something that says they received the gates from you.
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