Legal Question in Civil Litigation in Florida

Is there such a contract that will hold a landlord harmless, should their renter or tentant got hurt? This being of course, the accident happening by their own accord. Say like, they slipped and fell while mopping the kitchen floor or stepped in a soft spot in the yard and twisted their ankle, or anything else simular.


Asked on 9/24/10, 5:23 am

1 Answer from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

There are, customarily, provisions in leases that indemnify landlords from claims by third persons, injured upon the landlord's property, who are guests of the tenant. There can also be provisions limiting or eliminating the landlord's liability to a tenant. The enforceability of these provisions depend in great part on where and how the injury occurs. If it happens in a common area under the landlord's control and the landlord was somehow negligent, courts are reluctant to enforce such provisions. However, it is better to include such provisions, as a landlord, because it might be upheld and it discourages lawsuits.

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Answered on 9/29/10, 6:49 am


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