Rental Property / Legal Question

[Carlos Hathcock]

Not looking for a full on legal answer but wondering if anyone might have experienced this.

My tenant apparently brought in a "landscaper" (friend of theirs) to do some trimming and cleanup. Guess he gave them a discount. Place is far from a mess but I know the hedges could've used a trim.

I'm not yet sure if they're expecting me to pay for it (I hope not because I didn't authorize it), but if they were doing it out of the goodness of their heart (which is possible), my concerns are twofold.

1. I don't like tenants doing things on their own without my knowledge, especially making changes to the property.
2. I don't know if I'd be liable if this guy sawed off his arm on my property, even if I didn't authorize him to be there.

Just wondering if anyone has any experience with this sort of thing.

 

[BMF JK]

You didn’t hire the landscaper nor did you give permission to tenants , not your responsibility to pay .
Anyone on your property can sue you for whatever injuries while on you property winning is another story . You never know that’s why I carry an umbrella liability insurance that covers all my properties (personal and rental) .
Going forward I’d make an amendment to the lease stating any repairs or improvements to your property needs you approval.

Disclaimer:
I’m not an attorney nor do I play one on TV .

 

[Carlos Hathcock]

You didn’t hire the landscaper nor did you give permission to tenants , not your responsibility to pay .
Anyone on your property can sue you for whatever injuries while on you property winning is another story . You never know that’s why I carry an umbrella liability insurance that covers all my properties (personal and rental) .
Going forward I’d make an amendment to the lease stating any repairs or improvements to your property needs you approval.

Disclaimer:
I’m not an attorney nor do I play one on TV .

I'm good with the payment part. I doubt they expected me to. They're not completely without a brain.

I suspected the latter on the umbrella policy. I did have them sign an addendum document on the repairs / improvements. I suspect they're trying to be helpful.....but they have issues paying the rent as it is so it doesn't make much sense to me.

 

[Saltwater60]

Agree with the asses ent above.

If they get hurt yes they can sue you. Hell if I break into your house and fall on the way out I can sue you. I’d assume you have home owners insurance but yes an umbrella policy is a good idea. My parents have one for their home and cabin.

I think their renters insurance only covers contents.

 

[livingston]

umbrella liability insurance .... Many folks carry 1 million I think my mother carries 2 million. Anyone renting out property needs to have one for certain.

 

[Jsmegs77]

Have you seen a bill? If nobody has contacted you about paying for it then I'd suspect the tenants have done so, especially if they act like they actually care about the place they live. I've been renting since my ex bounced off in 2007, I have done my own lawn care, and I've hired a contractor to do it (when my wife broke her ankle and I was up to my ears in kids, work and taking care of her). No worries, and I didn't expect the landlord to pay for it.

As for the liability aspect, you can be sued by anyone for anything, anytime, whether or not you gave permission for them to be on the property or not. This is NY, after all.

 

[cgrutt]

Not sure about payment but would think you're not liable as it was done on their own without your consent. Of course if they sued you anything could happen in NYS.

As far as liability you'd probably be sued and insurance company would handle defense. They'd likely pay nominal amount before dragging out in litigation which is expensive. Umbrella only kicks in after GL limits are exhausted.

 

[Acer-m14]

not a lawyer .. but whats in your rental agreement contract ... ???

 

[technicalgadget]

Not on the hook to pay, but watch out for the eventual question of “since I paid for the improvement to the house, can I get a discount off next months rent equivalent to the amount I paid for the improvement?” (Means he paid a discounted price but you as the landlord will pay full retail.)

 

[togmaster]

Tell your tenants in a nice way that anyone doing work on your property need to provide you an insurance certificate showing proof of liability and workers comp insurance. You and your property address needs to be listed on the certificate.

 

[Cooolone]

Most umbrella policies would cover some liability and your homeowners policy most certainly will. I believe the wording though involves the "owner" bringing a contractor or party onto the property to do work. Really not sure how it would work out for someone who a third party brought into your property, because technically, without permission, they were trespassing performing unauthorized work on your property. It is not within the "renters" prerogative to hire any contractor to do work on a property or structure he doesn't own. Would it be ok for the renter to take down walls or add a picture window to the apartment because you didn't specifically restrict this in their contract or lease? No, of course not... Would be akin to a person renting a car having it painted a different color!

As suggested, a gentle appreciation, or acknowledgement with the renter, along with a conversation about your concerns and "direction" on whether or not you want that to occur again in the future, is a good thing to do if it concerns you that much.

 

[Saltwater60]

Tell your tenants in a nice way that anyone doing work on your property need to provide you an insurance certificate showing proof of liability and workers comp insurance. You and your property address needs to be listed on the certificate.

This is a good way to get your approval of what’s being done prior to any work being done.

 

[Mk44]

I'm not a lawyer... If the landscaper is a licensed landscaper/business he should be insured. he should have insurance for when he or his worker gets hurt on the job.

As far as the tenant- hiring the landscaper to make changes to your property.. you will need to address that with the tenant.

 

[Saltwater60]

I'm not a lawyer... If the landscaper is a licensed landscaper/business he should be insured. he should have insurance for when he or his worker gets hurt on the job.

As far as the tenant- hiring the landscaper to make changes to your property.. you will need to address that with the tenant.

I do a lot of landscaping work and I have zero insurance. Never have. Been doing it since I was 14 I’m not pushing 40.

 

[Chevusa]