Ask An Attorney Anything About Real Estate Law

[Edward Schenkel]

Hey all, I am relatively new to the group. I am very impressed with the experienced professionals here and am glad that I stumbled upon this site.  I am a seasoned real estate attorney and enjoy not only practicing law but teaching about real estate law. I would be happy to answer any legal questions anyone has about Connecticut real estate.

Regards,

Ed Schenkel

[Edward Schenkel]

@ Corbin M. I have seen leases for tenants in multi family homes that do not adequately describe the leased space and do not mention the areas such as stairways, decks, patios, lawn etc. When you describe the leased premises, it is important to be specific in describing the leased space and whether the leased premises includes the stairways, patios, decks, etc. This will leave no ambiguity whose responsibility it is to maintain. So for example, if the lease does not mention the back stairway at all, and someone tripped and was seriously injured on the back stairway, the Tenant or the injured party would have a much easier time blaming the landlord. However, if the leased premises was clear that it included the back stairway, the landlord would have some arguments that he or she is not responsible (premises liability law can be complicated, but this type of lease provision can help you).

You should also be clear in the lease that the tenants have equal and shared rights to the yards and driveways so you will not have any problems in the future with the first floor tenant arguing that he or she has greater rights to the lawn than the second floor tenant. You should also make it clear whether the tenants have rights to use the attic for storage, etc. This will prevent future problems. 

This is my tip of the day. Let me know whether you think this is helpful!

Regards,

Ed