A friend who is a functioning alcoholic wants to rent my apartment. She would be a great tenant in all other ways other than her excessive drinking. She only drinks at home and doesn't cause a problem in that regard. My concern is that I do not want to be responsible or liable for her if she falls down and gets injured. What clause or condition can I incorporate into a month-to-month lease (NY State) that would protect me? Thank you.

In a word - you can't. You cannot legally limit a tenant's right to sue in the event of an injury in any way due to your neglect and/or unsafe conditions. With a fall down, of course, unsafe conditions are always the argument.

This is the same as asking passengers in your vehicle to sign a statement that you are not responsible if they are injured. They cannot waive their legal rights.

Functioning alcoholics do not make for good tenants.

I'm a liability investigator in NY. I've worked accidents when the lease contains a disclaimer for one reason or another - doesn't work.

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Originally Posted by Eddie0527

What clause or condition can I incorporate into a month-to-month lease (NY State) that would protect me? Thank you.

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Hello E:

Here's your problem... IF you mention ANYTHING about her drinking, you give HER grounds to sue you IF she DOES have an accident, simply because it is OBVIOUS you were "on notice" (a legal term), that she drinks...

Secondarily, you can't put in ANY provisions that limits her rights under the law. Finally, if you use a lease obtained from a landlord association, the standard clauses WILL protect you adequately.

excon

Functioning alcoholics don't make for good tenants regardless of what you have them sign before they move in as they can still sue you for "their" carelessness and trip and fall over their imagination. Best to pass this tenant up for another one who does not drink.

And the next issue is the word "friend" word of advice never, ever rent to a friend, they will expect you to give them more and not treat this like a business.

6 is the charmer do not rent to a friend, do not rent to an alcoholic. Oh yea, do not rent to an exspouse

Or any family, I have owned rentals for years and years, The ones I have regreted was to my wife's brother, never did get almost two years rent ( wife would not let me evict)
The two times I wanted to help someone out down on their luck and let them move in with no deposit and let them clean it up for it, ( one took off with stove, fridge and more)
The other was a person I worked with ( friend) they keep not being able to pay rent, not being able to pay, and then talked bad about me at work and to customers when I went to evict them.