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Tenant slipped in back yard not part of the leased premises and seeks to sue, can he?
Anonymous7 views2 answers
To begin I rent a home a 2 family home and under the lease agreements to both tenants , the agreement states the leased premises are solely the interior apartments. Further the lease states the only section of the exterior property that the tenants are allowed to access and utilize is solely the common area front porch and pathway that lead to the public sidewalk. Additionally the lease states all other portions of the exterior yard is private property which the tenants are not allowed to access or utilize whatsoever, except in the case of emergency or with prior written consent of the landlord (which no consent has been given to date). Now 1 of the tenants went to walk his dog and entered the back yard (again with no consent) and tripped in a small ditch and broke his ankle and now is threatening to sue me for negligence and the costs of his medical bills and for pain and suffering. Id like to know considering the said lease language and the tenant was basically trespassing into a private portion of the property, which was not part of the leased premise, he was not suppose to enter will the lease language protect me from any potential lawsuit or not. Thanks
If the tenant sues you for negligence, he will have to prove that you were, in fact, negligent. The first item in proving negligence is that you owed him a duty of care. In one sense, you owe the world a duty of care that your yard is free from dangers. However, in this case, your lease specifically told your tenants that they are forbidden from the backyard. That really reduces your "duty of care" obligation. The second issue in proving negligence is that you --through some action or inaction -- have created an unreasonable danger. I don't know if the ditch you mentioned reaches this level or not. That would be a matter of proof at any trial. In the end, I don't think your tenant has a very strong case against you.
Nevertheless, I think the best advice is to report this matter to your homeowner's insurance company and let them deal with it.
He can bring the lawsuit, but it doesn't mean he will be successful. If you are insured (hopefully you are), simply put your homeowners insurance company on notice of the potential claim and let them deal with it. Otherwise, if not insured, then just wait to see if he actually sues you ... and if he does, then use 's "find a lawyer" tool to have an actual consultation with a lawyer in your area. Your situation is a little too complex for a public question & answer forum like this.
