Tenant build a ramp in backyard

[Jaimie Chen]

I will make the story short.  I just found out today my manager agreed (on my behalf) my tenant (a year ago) to build a bmx ramp in back yard.  What should I do? Should I let him build or tear it? He already in the middle of project.  I talked to my tenant over the phone first time today and found out a lot of surprises.  No body like these kind of surprises. 

SFH is on DFW area, has 6ft wooden fence, no HOA.

1st, fire manager. take over the job and meet tenant. 

2nd, ?

Any suggestion?

[Douglas Snook]

If you let it go forward, he and/or you may need a special insurance rider to cover this. If thats the case then you should do and addendum to the lease requiring him to have the insurance and show you proof etc. If you have to obtain it then require he pay the premium. Also put in that he is responsible to remove it and restore the yard at the end of the lease.

I would also fire the property manager.

[Mike Hanneman]

Me personlly I would make him take it down, but then I would have words with "my manager" that allowed this. Doesn't sound like an experiences property manager to allow this.

I would be worried about liability not only for my tenant but all the other kids that will be using this. Not to mention the eye sore from other neighbors and all the possible complaints.

[Jaimie Chen]

How should I tell him? I sneaked to his social media found out that was the reason he rent my house. He has 2 year contract, just pass 1 year mark.

About the liability, can his renter insurance able to cover that part?

[Todd Plambeck]

You, via your PM, told him he could build it so I assume some of that liability transfers to you.  Tell them your insurance company said no and he can't build it.

[Merry Briotta]

Yep, I agree with Todd. Tell him your insurance says no for the liability and make him take it down.

[Douglas Snook]

If you let it go forward, he and/or you may need a special insurance rider to cover this. If thats the case then you should do and addendum to the lease requiring him to have the insurance and show you proof etc. If you have to obtain it then require he pay the premium. Also put in that he is responsible to remove it and restore the yard at the end of the lease.

I would also fire the property manager.

[Eric H.]

As @Todd Plambeck said, blame your insurance company. You don't want the legal headaches of a bike ramp in your back yard! Every neighbor kid in your city is going to brake his arm or leg on that thing IF it's built well, IF it's built poorly someone could get seriously hurt. You have Absolute Liability for your property, you could have claimed ignorance when you didn't know what was going on, but now to allow it you must be responsible for: inspection of the ramp, security of the area, permitted access only, proper safety equipment etc.... if you choose not to be responsible for such things you are still Absolutely Liable. You wouldn't let them run a pit bull rescue shelter, or install a pool and high dive for recreational olympic style diving. 

[Wesley W.]

Absolutely  blame your insurance carrier.

I have a clause in my lease that forbids tenants from doing anything that would cause my insurance to be cancelled or would cause an increase in my insurance premiums.   That would seem to cover most of these kinds of issues. 

I also have a clause that forbids any activity that us against City ordinance or code.  In my market, that would cover this situation as well.

An ironclad lease is worth its weight in gold. 

Good luck! 

[Wesley W.]

Absolutely  blame your insurance carrier.

I have a clause in my lease that forbids tenants from doing anything that would cause my insurance to be cancelled or would cause an increase in my insurance premiums.   That would seem to cover most of these kinds of issues. 

I also have a clause that forbids any activity that is against City ordinance or code.  In my market, that would cover this situation as well.

An ironclad lease is worth its weight in gold. 

Good luck! 

[Jaimie Chen]

Thanks all the suggestion!! You are my lifesavers!!

I am about to meet my tenant later and lots of action will begin! Lots of first times, more excited than riding that bike, IMO. 

[Mike Hanneman]

Make sure not to let your property manager off the hook. They put you in this mess.  This could be a very good reason to fire him/her. I would!!!

[Karen Margrave]

Personally, I'd let him leave it up as long as you can get insurance to cover it, and make him pay the difference. We've had BMX ramps, skateboard ramps, and when we moved to 20 acres we had huge landing ramps where the boys launched off ramps and landed on the dirt landing, then bought portable ramps to take to shows. One of the boys grew up to do it for a living ans is one of the best freestyle riders in the world. He actually goes around the world doing freestyle shows with Monster energy. Pics:  The top is my son when he was 14, practicing in backyard. 

 NOTE:  One of the guys that came over and rode had a dad that was a personal injury attorney. He wrote up a a simple release of liability clause that everyone (or their parents) had to sign, stating that the activity (be it BMX, Freestyle, etc. were inherently dangerous and could lead to injury or loss of life, and released us from all liability) Also, make sure they are responsible for all upkeep, maintenance on bikes, ramps, etc. and removal of ramp. We did have broken bones happen. 

Nick Dunne (he started at our house) 

[Karen Margrave]

^^^ @Jaimie Chen I forgot to @mention you. 

[Jaimie Chen]

We talked to insurance and that in big NO to our policy.  Tenant has to remove the structure or my insurance will be void. More talk to tenants as it is a mess between us and the manager.

Also sent the notice today and the manager will be gone in a week.

It is time for me to move forward. 

Thanks all the inputs. 

@Karen Margrave, love those pictures. My backyard is not even 1/4 acres. If the ramp won't break someone's arms or legs, those bikes definitely will break my fences. 

[Karen Margrave]

The BMX and Skateboard ramps were in a backyard of average size. The freestyle motorcycle ramps were on the 20 acres. Nobody got hurt on the BMX and Skateboard ramps, just the motorcycle jumps. But, totally understand your concern for liability. Good luck finding a new property manager and getting all that worked out. @Jaimie Chen

[Wesley W.]

If @Karen Margrave is such an advocate of these ramps, perhaps she can provide housing to your tenants.  Sounds like a win-win!  ;)

[Karen Margrave]

@Wesley W. I'm in California, not close enough to Texas, and besides I don't do rentals, but new builds. It's not so much I'm an advocate for them, I just think if there's a way to make it work, cover yourself on liability, and the ramp is already built and in ... why not?  Helps keeps kids busy and off the streets.