Loopholes of Real Estate by Garrett Sutton

Author:Garrett Sutton [Sutton, Garrett]
Language: eng
Format: epub, pdf
ISBN: 9781937832223
Publisher: RDA Press, LLC

But of even greater consequence than notice is…

Chapter Eighteen

Landlord Liability

The need for landlords to legally protect their assets stems from the heavy responsibilities the laws impose on landlords in managing their properties. Consider the following case.

Case #17

Karen, Guy, Bruce and Davy

Karen lived in Viewmont, which in the last five years had been discovered. Now it was a regular occurrence for artists and authors, families and empty nesters from large cities and suburbs to move into the scenic little mountain town. In response Karen decided to turn her quaint two-bedroom brick house near the town square into a rental property. Stretching her assets, she then bought a larger house in a new development on the outskirts of town. Karen felt that both properties should continue to appreciate in value as Viewmont’s population swelled.

Karen was the only psychologist within a hundred mile radius and had well managed her small practice. She had conservatively husbanded her savings with frugal spending, and was not burdened by the costs of raising a family. Prudent in her affairs, she quickly grasped the business of a first-time landlord, and screened prospective tenants until she settled on a couple of artists: Guy and Bruce, who came with impeccable references.

They proved a good choice. They paid the rent on time, kept the house clean and tastefully decorated, and showed a talent for gardening. The only problem was the walkway to the front porch. It was uneven and cracked due to tree roots underneath. Guy had tripped on one of the large cracks and had asked Karen to fix it. Guy suggested that at the very least, better lighting on the walkway was needed so the cracks would be highlighted on dark evenings. Karen said she would consider the requests but nothing was ever done.

Three months later Viewmont was hit with a series of fierce winter storms. Even the old-timers couldn’t recall such heavy snowfall. The mercury plunged. The drifts piled up and froze over, turning the city’s streets into empty corridors of ice for several days.

Karen drove her truck over to the rental house as soon as she could. The pipes were in good order and the furnace was working well. She left her tenants a snow shovel and a bag of deicing pellets she had purchased at a home-supply store.

As the residents of Viewmont dug out of the blizzard, another storm rolled in. Davy, an acquaintance of Guy and Bruce’s, visited late one evening. The uneven walkway was frozen and, as usual, was not well lit. Davy slipped and fell hard—fracturing his elbow and smacking his head so hard he suffered a bad concussion. He racked up tens of thousands of dollars in medical bills and could not return to his waiter’s job for several months.

After visiting a personal-injury attorney, Davy sued not only Guy and Bruce, but Karen, too. Through his attorney, Davy claimed that Karen, through the exercise of ordinary care, should have ensured that there was adequate lighting at the house and the walkway was properly maintained.

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