Legal Question in Landlord & Tenant Law in Florida

I am considering renting a vacation property for one week. The owner has sent me a rental agreement. The following is an excerpt: "You agree to indemnify and hold harmless the owner and the owner�s agent from claims of damage and injury, as well as any actual damage or injury determined to have occurred and for which the owner and the owner�s agent are determined to be responsible."

If the property has been neglected, for example, a stairway has a bad board, and I were to injure myself, would I be excluded from seeking damages?


Asked on 12/31/09, 8:38 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If someone else got hurt on the bad steps, then you would get sued or be responsible when the owner is sued. Whether the language would also prevent you from suing if you are injured is not as clear since it does not specifically so indicate. Probably, you could still sue for your injury, but it is a close call.

If there are dangers at the house, I would not sign such an indemnification. Cross it out, or list the neglected areas for which you will not indemnify..

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Answered on 1/06/10, 5:30 am
Lesly Longa Longa Law P.A.

The language protects the owner, but if you have been injured because of an issue with the property you were not warned about, I would contact an attorney. If you have guests over you should make sure the premises is free of any problems that you could have fixed or warned your guests about.

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Answered on 1/06/10, 7:34 am


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