Current tenant installed shelving- room upgrade, but liability?

[Jennifer Ruhle]

Hi All,

My current tenant asked before she moved in if she could install shelving since her bedroom is small. I said yes under the condition that they are removed and walls brought back to pre install condition before she moves out. As it turns out, the shelving is more like cabinets and right above the bed (no other placement of bed could occur due to the size/shape of room).

The next tenant would like to keep the shelving.

I am torn- they were installed "professionally" and add value to the small bedroom, but my main concern is liability if they ever came loose and fell on a tenant, especially since they are over the bed. 

Should I have the new tenant sign something that says they will take them down/return wall to original state upon move out and also release me from any liability if there was every an issue with them?

Or am I overthinking this?

Thoughts?

Thanks.

Jen

[Patricia Steiner]

Jennifer, over-thinking?  No.  Saving yourself a future headache?  Yes.  I find that - no matter how well intended - tenants don't "return walls" well after any kind of install.  If the incoming tenant wants the shelving, I would prepare a liability waiver of sorts that basically states "the shelving was not installed by the owner and therefore is not warranted. The tenant has requested that the shelving remain as installed by the former tenant and assumes all liability for any defect or injury that could be sustained."  I wouldn't expect them to take them down since they didn't put them up but I would document that you are allowing them to remain at their request and therefore "it's not the cruise you signed up for."  That 's my two cents...hope it helps.