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This is the fourth article that provides some insight for landlords and owners regarding insurance issues as it relates to your property. Knowing these facts will help you to protect your asset as well as yourself in case of unforeseen occurrences. Be smart and be safe – it’s the right thing to do.
Disclaimer: These articles are intended to raise questions to review with your insurance provider or legal advisor. This article is not an insurance sales solicitation, legal advice or to be considered a comprehensive evaluation of all tenant risks.
Provided by Sterling Insurance Associates Ltd. – a consulting company
Who is responsible to keep a property in a good state of repair?
The simple answer is, both the Tenant and the Landlord.
Keep a property in a good state of repair – it limits your insurance risk as well
Maintaining a property in good physical condition significantly reduces the opportunity for events to occur which lead to insurance claims.
Property Loss Reduction
- Water damage can occur easily and is expensive to repair; water leaks of any kind need to be repaired promptly to limit the damages
- Fire damage can be extensive and costly, requiring Landlords and Tenants to keep the electrical loadings within a safe limits
- The lease should require that the Tenant report any hazardous conditions, any damage, or deficiency, or defect to the Landlord for correction
- The Tenant could be financially responsible for damages to the Landlord`s or others property, if the Tenant caused or allowed the damages to occur
Liability Loss Reduction
- The Occupiers Liability Act places the duty to take reasonable steps to keep the property safe for individuals entering the premises on both the Landlord and Tenant; the Act states:
“3(1) An occupier of premises owes a duty to take such care as in all circumstances of the care is reasonable to see that persons entering on the premises and the property brought on the premises by those persons are reasonable safe while on the premises.
3(2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.”
- The lease should require that hazardous conditions, any damage, or deficiency, or defect be reported to the Landlord for correction
- In a lawsuit by someone for injuries or property damage, commonly both the Landlord and Tenant are named as responsible parties (defendants)
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