I have property in NJ. And renters are responsible for removing the snow in the lease agreement. If someone like the mailman, or even the renters, fall and injured on the ice or uncleaned snow, who is legally responsible? Landlord? or tenants?
The owner of the property is going to be sued and depending on the lease is worded, the tenant could potentially as well. However, the owner is more likely the one with money to pay a judgment. Call your insurance carrier and report matter if someone fell on a property you own. The carrier will provide you with a free attorney to deal with this.
In New Jersey, a residential landowner generally owes no duty to pedestrian passers-by with respect to the sidewalk. The exception is if the residential landowner caused the creation of a hazard on the sidewalk (such as by having a drainpipe divert water onto the sidewalk that froze). In contrast, a commercial landowner and his tenant would generally have a duty to pedestrian passers-by. Whether a landowner is commercial or residential has to be analyzed by a lawyer. Usually, owner-occupied premises are not considered commercial. However, you should consult a lawyer. You may wish to consider having the tenant agree in writing to defend and indemnify the landlord, or to procure insurance with the landlord listed as a named insured.
Dean explained this perfectly. Going forward, you should have a lawyer look at your current lease - make sure that the lease puts this responsibility on the tenants, require the tenants to purchase their own liability insurance, and indicate that in the event that the landlord gets sued for a failure of the tenant to abide by the lease requirements, that the tenant must indemnify and defend the landlord.
Probably both will be sued. Ice and snow removal is a non-delegable duty imposed on the property owner. That being said, the property owner (by contract - the lease) may be entitled to defense costs and indemnification by the tenant, which will not pay unless the tenant has renter's insurance.
your not responsible for your renters negligence unless you knew that they were continuously violating the lease provisions for safe upkeep including snow removal. Then your charged with notice and a duty. If your a landlord out of possession of the rented property then no your not at fault.
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