I own my home and have rented out 2 rooms to a friend and his wife. His wife babysits some family friends toddler during the day 3 days a week. I want to write some contract stating that I am not responsible for the toddler while she is babysitting in my home. Would this cover me for lawsuits if they sign ( the babysitter and the childs mother) if something were to happen? What should be included on the form?I appreciate everyone's help. I have drawn up a short form and I am having them sign it. Not sure if it would help, but at least if something happened then I could show the intent that they both said they had agreed to not hold me liable and understood.
This probably should have been covered in your lease, although I cannot honestly say that I would have covered it. Hopefully your insurance covers this type of situation, but I am not sure. It may depend on the level of business activity. Your first step would be to call an insurance agent, preferably not your insurance agent, and ask them the question. Your next step would depend on that answer. You may need a dwelling policy. Also, it may be nice to require your tenants to carry renter's insurance.
The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.
You need two contracts. You need a release from the parents of the child. You also need a contract with your tenants agreeing to indemnify and hold you harmless for any claims that are brought against you relating to the babysitting.
Realize that no contract or releases is ironclad. If this disturbs you a great deal, you may want to advise our tenants that they cannot continue to operate a business from your home.
You should have a written lease agreement with your tenants. Many leases contain a provision that no business activities can be conducted on the premises. If you don't have a lease, you should have one prepared and insist that your tenants sign it or find someplace else to be.
Also, doing business with friends or family is rarely a good idea.
I'd be beyond surprised if your Lease doesn't specifically state that the use of the premises is confined to residential occupancy only. Zoning and municipal ordinances might also preclude this use. If the Lease states that the tenants may use it only for residential purposes, then you need to evict these tenants ASAP as your property insurance may not protect you from personal injury claims related to this business use.
As well, you need to engage an Austin-area real estate lawyer to be sure that title is properly vested in an LLC, Inc. or equivalent, to provide you with some insulating effect from a personal claim of liability.
AVVO is a general forum for discussion purposes only. My answers, comments, ideas, approvals and endorsements do not constitute legal advice, opinions or even suggestions, as I do not have enough facts and you are not my client. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want assistance upon which you may rely.
You owe no obligations to the family unless you know or should know of some dangerous condition that the tenant is unaware of.
You need to consult with a contract and landlord tenant attorney. I am not sure you have any liability. Is your friend a licensed daycare provider? This is not the best way to help. A consultation with your lease is better.
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