Landlord Question and Answer Forum

How should I word the use of the fireplace in the lease, so that I am not liable for any damage from the tenant using it?

SAMPLE: Tenant understands that the use of the fireplace is at the Tenant's own risk. If your unit has a fireplace, please use utmost precaution when in operation. Use only aged hardwood and never use gasoline, kerosene, or other type of fuel to start a fire. Close fireplace screens or glass doors to prevent embers from igniting nearby combustible materials. Stack logs carefully to prevent them from rolling out of the fireplace. Always use a covered metal container to remove ashes/embers and immediately take it outside away from the building. Don’t go to bed or leave your premises with a fire burning in the fireplace. Tenant is fully responsible for any loss, damage or casualty that arises from the negligent or misuse of the fireplace by the Tenant.

Posted by Denise S, PA on Wednesday, January 27, 2010

In addition to what Denise S. suggested, start of with...... Fireplaces can be a source of fire danger, and air pollution. Smoke is especially harmful for adults and children with asthma or other respiratory diseases, or heart problems. Wood smoke contains dust, soot, and cancer-causing chemicals. Breathing wood smoke reduces lung function, aggravates heart and lung diseases, and can trigger asthma. You may want to (1) include instructions on how to start a fire (2) be more specific as to the best type of wood to burn in your area (3) to make sure the 'damper" is open before starting fire (4) Don’t burn trash. Burning trash can cause toxic chemicals to go into the air, and into your lungs. Don’t burn any of these: plastics, chemicals, wrapping paper, magazines, or any coated papers (including newspaper inserts, junk mail, etc.) (5) Who's responsible for cleaning the flue and how often. If tenant is, make sure you get a copy of the receipt.

Posted by Stan M, CA on Wednesday, January 27, 2010

continued..... The above may seem like an over-kill, but you want to make sure you cover all basis. Don’t assume tenant knows how to operate a fireplace. Remember the woman that sued Mc Donald’s over a hot cup of coffee? Consider creating an addendum to your lease. Make sure you refer to it in your lease and tenant(s) sign and date addendum. This is one time you may want to require tenant to purchase “Renters Insurance.”

Posted by Stan M, CA on Wednesday, January 27, 2010

Pleae share your addendum for fireplaces in rental home. Thank you!

Posted by RACHEL P, AZ on Thursday, January 28, 2010

Our home has a woodstove. In Alaska, these are common and even neccessary for heating our homes economically. I decided to model a separate addendum for the use of the woodstove, after the pool/hot tub addendum on the EZ website. It basically covers all that Denise S. suggested, as well as some extra information pages about how to operate a woodstove and what kind of wood to use, including defining what "seasoned" wood is vs. "green" wood, and creosote. This extra information came from our local Fire Chief and also the local Cooperative Extension Svc. and I included them as information pages. But, the Addendum I created, I had the tenant sign.

Posted by Edward L. or Kathrin H, AK on Thursday, February 4, 2010