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Greene
Dec 2, 2005, 04:53 PM
As a homeowner renting out a room, can my roommate sue me if she has a slip and fall type accident on my property?

fredg
Dec 3, 2005, 04:43 AM
Hi,
Very good question! Possibly, you can be sued.
Please contact your homeowner's insurance agent, or the company you have your homeowner's insurance with, and ask.
You might need to place this person on your homeowner's insurance, to be sure they are covered in case of personal injury. They are the only ones who can "professionally" answer your question, for the state in which you live.

Fr_Chuck
Dec 3, 2005, 05:49 AM
First anyone can always sue anyone else, if he could win is another issue.

First talk with your homeowners insurance, since this may be considered an attetional risk, it may not be covered by them if they do. Often any business at a home ( piano teaching, dress making, accounting) if a client comes to your home and you do work there, it will not be covered unless you have added an amendment to your policy. This is very likely the same way where an additional premium will need to be paid to cover a renter in your home.

Also it may well also increase the over all cost of the policy on your home also. If he caused something to start a fire for example. Rental property has a higher premium for coverage because of increased risk.
You would not want to find out after a fire that they will not pay for damage due to a renter in the home.

Contact your insurance company

Also what type of signed lease agreement or rental agreement do you have with them. It should state all sort of requirements and limitations.

Greene
Dec 3, 2005, 08:59 AM
I have contacted my homeowners insurance. At first they said I would have to add her to my policy... then she asked someone and was informed that if my roommate is paying me rent she cannot sue me. I asked that they send me the paper work that supports that claim.

As far as my rental agreement it has nothing legal (as this is my first time renting out a room). What brought this up in the first place was I had to confront her about some things and the next evening she arrives home from work telling me she fell on my steps. Sounds pretty suspect :rolleyes:

Do you know of a place were I can purchase a contract that has more protection for me? If she doesn't want to sign it then that tells me all I need to know.
Thank you for your time.

nymphetamine
Dec 3, 2005, 10:20 AM
Um honey you don't need to keep that roommate there. She's going to cause you a lot of trouble. If she does try anything make sure that you got it on tape, camera, and video. Protect yourself.

Greene
Dec 3, 2005, 06:13 PM
I've got my cassette player set-up and my camera ready to take pic's when she arrives Sunday.
I will ask an attorney friend (hopefully at church) of mine tomorrow if he knows anything about it.
If I can find any kind of legal doc's to cover my bottom that would be great, also.

Does any one out there know where I can find such a document?

I believe this one knows what she's doing. :mad:

nymphetamine
Dec 3, 2005, 06:32 PM
What I would do is ask the lawyer about those legal documents when you see him

Greene
Dec 3, 2005, 07:09 PM
Thanks again

s_cianci
Dec 7, 2005, 07:00 PM
Unfortunately, yes. Check your homeowner's insurance policy regarding the extent of coverage for personal injury liability. Increase it if necessary.

Greene
Dec 7, 2005, 08:30 PM
They sent me my Policy with highlighted areas of importants. Any one living in my home (including myself and my roommate) cannot file a claim against my Policy... which leaves only one person to be sued for personal injury... guess who?? Yep you got it! Not so deep pockets herself.
I wonder how many people renting out rooms are even aware of this liability. :eek:
I hope they're reading this.

sideoutshu
Dec 9, 2005, 12:56 PM
As a homeowner renting out a room, can my roommate sue me if she has a slip and fall type accident on my property?

Well the easy answer is a resounding YES.

sideoutshu
Dec 9, 2005, 12:58 PM
Hi,
Very good question! Possibly, you can be sued.
Please contact your homeowner's insurance agent, or the company you have your homeowner's insurance with, and ask.
You might need to place this person on your homeowner's insurance, to be sure they are covered in case of personal injury. They are the only ones who can "professionally" answer your question, for the state in which you live.

It doesn't matter what your homeowner's policy says. If someone gets hurt on your property, you are getting sued. The only reason to contact your homeowners company is to determine the type of loss that is covered. But you are getting sued either way, coverage or not.

sideoutshu
Dec 9, 2005, 01:01 PM
At first they said I would have to add her to my policy.....then she asked someone and was informed that if my roommate is paying me rent she cannot sue me.

Wrong. I probably have about 10 cases on my list right now where my clients are suing their landlords for injuries due to defective conditions on the premises. Don't take legal advice from your insurance company's 800 number.

excon
Dec 27, 2005, 07:14 AM
Hi Greene:

Well, leave it to me to be skeptical of what insurance companies tell you - especially those who are trying to avoid a claim.

Yes, if your children were injured, THEY might be precluded from suing. BUT, you have a professional relationship with your tenant. Would that mean that tenants in an apartment building cannot sue their landlords if they're injured? No, of course they can sue.

You need to get your insurance carrier to step up to the plate. Don't call them on the phone. Do they know you rent a room? They should have sold you a different type of policy than that of just a private homeowner. If they didn't sell you the right kind of policy for your needs, then shame on them.

Write them a letter. Send it certified, return receipt requested. Tell them that you are their insured landlord, and they had better adhere to the policy. Send copies of your letter to your states Insurance Commissioner, and you local newspapers.

YOU are the insured. YOU have been paying them good money to protect you as the homeowner. DON'T lay down for them. MAKE them do what you are paying them to do.

excon

PS. There are no other contracts that will protect you - NONE.

This is not legal advice. It's get tough advice.

Greene
Dec 27, 2005, 09:09 AM
Thank you for the push.
I will make them step up to the plate and do what I have been paying them to do.

This is an awesome site. It really makes you feel like you're not alone. Kudos to the creator of ASK ME HELP DESK and especially all that respond to our questions and needs THANK YOU ALL

Fr_Chuck
Dec 27, 2005, 09:17 AM
Hi Greene:

Well, leave it to me to be skeptical of what insurance companies tell you - especially those who are trying to avoid a claim.

Yes, if your children were injured, THEY might be precluded from suing. BUT, you have a professional relationship with your tenant. Would that mean that tenants in an apartment building cannot sue their landlords if they're injured? No, of course they can sue.

You need to get your insurance carrier to step up to the plate. Don't call them on the phone. Do they know you rent a room? They should have sold you a different type of policy than that of just a private homeowner. If they didn't sell you the right kind of policy for your needs, then shame on them.

Write them a letter. Send it certified, return receipt requested. Tell them that you are their insured landlord, and they had better adhere to the policy. Send copies of your letter to your states Insurance Commissioner, and you local newspapers.

YOU are the insured. YOU have been paying them good money to protect you as the homeowner. DON'T lay down for them. MAKE them do what you are paying them to do.

excon

PS. There are no other contracts that will protect you - NONE.

This is not legal advice. It's get tough advice.


First hello excon, glad to see you hear, your down to earth experience is often great to hear.

And yes, remembver anyone can always go to the court house and sue you. They may not win, but you will have to hire an attorney and go to court even if they have no real basis for the case.

Next Family members living in the house are part of the policy owners, and can not sue, that is true. But your uncle george who is visiting can sue,
And any guest of your rentor can sue also.

And in general if you are now renting your property, a standard homeowners policy is not normally good, since the property is now rental and would require either an endorcement added to your policy or a different policy

You may find if he starts a fire and your house burns down, they won't pay since you have a home owners and you were renting part of the house out.

Next your liablity insurance covers all sorts of issues, but you should if you have renters get a general liablity policy to cover any rental propery, without it you are well open to being sued.

I am surprised the agent did not jump at the chance to sell you these, but many of the girls (ok it can be guys too) know general policies but are not really up on all of the laws and rules.

I have not rented my main home, but I own rental and commercial property and insurance is one thing I have found, if the company can find a way not to pay, they won't, the huricane issues of most insurance companies not paying should be a good example of this

excon
Dec 27, 2005, 09:32 AM
Hello again, Greene:

I have the sneaking hunch that you didn't buy a professional landlord policy. If that's so, and you, yourself, decided not buy it, then I'm afraid you're out of luck.

If, on the other hand, you told them that you are a landlord, and they didn't sell you the right policy, then that falls on them.

excon

Greene
Dec 30, 2005, 03:36 PM
Thanks to all for the great imput... I really appreciate the help.

Yes, I do have a home owners policy. A renter/live-in is not covered.

I need an attorney to put a document (liability release) together and have her sign it.
If she refuses... I will have to give her notice to leave.

Any attorneys out there??

excon
Dec 30, 2005, 04:20 PM
Hello again, Greene:

As I suggested earlier, the only agreements that you are going to be able to rely on is your state landlord/tenant law, and your insurance policy. Now, it appears your insurance policy isn't going to help you.

That means it's your landlord/tenant law. As a tenant, she has certain rights under the law. One of them is to be able to sue the crap out of you. Even if you find an attorney to write a release up, and even it you get her to sign it, which she has absolutely no incentive to do, the agreement won't hold up in court.

A persons rights under state law cannot be waived by contract.

Sorry.

excon

Fr_Chuck
Dec 30, 2005, 05:01 PM
Even with a release, she can always claim something about her instance is not nromal and you are still at fault. Best bet, get the insurance company to issue a policy that would cover this, or get a rider or attachment to the policy to cover this.

Renters liability, general liability and so on.

Greene
Dec 30, 2005, 07:14 PM
Holy Moley!

I've printed both messages... Thank you both

Off to work I go:confused: