Legal Question in Real Estate Law in Wisconsin
contract for rental property
My family is planning on renting a lake cottage this summer. The contract states the renter assumes full responsibility for renter and renter's children for injury...death...''even if caused, in whole or in part, by the negligence of the releasees named below,'' and renter releases vacation home owner from ''any and all liability of any nature for any and all injury or damage to renter or tenter's minor children... Is this typical of a rental agreement?
1 Answer from Attorneys
Re: contract for rental property
Typical yes, should you keep it in there, probably not. My torts professor loved to say that these things are not worth the paper they are printed on, and I am sure in most instances, he is right. Courts have held it takes an awful lot for people not to be liable for their negligence, and it is virtually impossible not to be liable for their intentional or reckless actions.
I would simply cross out the sections that have to do with the owner not being liable for things caused by his own negligence. (If he was negligent in his remodeling, and the roof collapsed and god-forbid hurt someone inside, your darn straight he should be liable for that, and probably would be regardless of the language of the lease)
However, to make a long posting short, I recommend having an attorney take a look at it, an ounce of prevention is worth 1,000 gallons of cure, but generally feel free to make whatever changes seem reasonable. Do you really think this one liability sentence that probably is not enforceable is going to be the deal breaker?
Best of luck to you