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Updated over 6 years ago on . Most recent reply

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Mike Cartwright
  • Fort Pierce, FL
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Lease prohibits balcony use - tenant uses balcony and says fix it

Mike Cartwright
  • Fort Pierce, FL
Posted

Hi BP,

This is my first rental I'm land lording. The home has a second story balcony attached to a bedroom. This balcony has a loose-ish railing and a semi-soft spot in the corner. Because of this liability, I don't want anyone on the balcony. The lease says: 

"Second floor balcony may only be used as an emergency exit. Landlord is not responsible for any injuries sustained by Tenant or guests of Tenant as a result of the emergency exit being used."

Within days of signing the lease, the tenant sent me a video of themselves on the balcony pointing to the spot and saying there is a soft spot and that I need to fix it ASAP.

Am I obligated to fix this if they've signed a lease addendum with the above-referenced language?

Again, I'm new to the real estate game so I'm open to any feedback or constructive criticism.

Thanks,

Mike

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Andrew B.
  • Rockaway, NJ
2,139
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Andrew B.
  • Rockaway, NJ
Replied

First of all, your lease clause is most likely going to mean nothing if someone got hurt on the balcony. You will still get sued, and I am having trouble believing you will win, even though you are technically right.

If I were in your shoes, I would get it fixed, or put a lock on the balcony door so they cannot go out there.

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