Legal Question in Landlord & Tenant Law in Florida
landlor-tenant
I am renting a house in FL (I live in different state) and even though I do have an insurance on this property I would like to know if I can draft some sort of liability release waiver so I could not be sue by any of the tenants or their guests.
Thank you, Grace
2 Answers from Attorneys
Re: landlor-tenant
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It would be hard to draft a release of liability before any injury has occurred. I believe what you really mean is an indemnification agreement wherein the tenant agrees to indemnify and hold you harmless. Frankly, it will probably not be worth much, however, if the tenant has no assets. What you might want to do is require the tenant to obtain a renter's policy with you named as an also insured. This policy would be primarily responsible for any injurt which might occur.
Scott R. Jay, Esq.
Re: landlor-tenant
Dear Grace:
I am unclear regarding your facts.
Where do you live? In what state is the rental property?
Either resubmit with these answers, or please e-mail the answers to my office.
However, the chances of drafting such an agreement that will hold up are slim.
If there is an injury and you are at fault, you are going to be sued, but I'll be happy to answer more fully.