Property with a fire pit

[Tom Shepard]

The property we are working a deal on has a very nicely constructed fire pit in the back yard.  Its well away from the house and all other structures (fence, storage building, etc).  Any thoughts on keeping it or taking it out before we rent it?

[Stephen E.]

There was a case in Ontario recently in which a landlord was found liable for a fire pit used by his tenants. A guest fell in the fire pit and was badly burned incurring $265,000 in damages. There was a judgment against the landlord and the tenant, but since the tenant was a man of straw (no cash) the liability fell to the landlord and the landlord's insurance.

I am not a lawyer but I know of an article on this topic written by one who is, and that can be seen at Cohen Highley

If a landlord can be found liable in Canada, which is in general less litigious than the US, then I would be quite wary of leaving a fire pit in at a rental property elsewhere. No good can come of this, and no one will pay more rent in order to have one.