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Updated over 6 years ago on . Most recent reply
![Mike Cartwright's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/904318/1695158576-avatar-mikec301.jpg?twic=v1/output=image/cover=128x128&v=2)
Lease prohibits balcony use - tenant uses balcony and says fix it
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
Most Popular Reply
![Andrew B.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/662758/1694582001-avatar-andrewb183.jpg?twic=v1/output=image/cover=128x128&v=2)
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.