Landlord Question and Answer Forum

I inherited a three family house as part of my divorce settlement. One of the units is a second floor apartment that has access to a narrow deck that runs the width of the house, and is about six feet deep. The railings and spindles are wood, and there is no covering. I intend it to be for the exclusive use of the tenants who rent the second floor apartment. I have made it clear and put it in writing that the deck is suitable and safe for some chairs and a table, umbrella, but not to be used for grilling or cooking of any kind. The house is in Connecticut. Do I need the tenants to sign a waiver so that if they or one of their guests is injured on the deck, I am not responsible? The house was built in 1919 and to my knowledge, no drunk has ever fallen off the deck, but there is a first time for everything.

Well that is being proactive. If the deck is in good order and repair, there should be no need for a waiver. Additionally, you are responsible to keep everything in good order - which it sounds it may be already. In the case of a drunk, there are negligence causes that would save you should the railings and everything else be up to code. In my opinion (not that I've dealt with this nor am I a lawyer) having a waiver would signify that you're worried the deck isn't safe and sound - at least that is how I would view it as a tenant and as a judge. As for having them sign that they won't grill etc. that's a great idea and most town ordinances state that grills can't be on decks and have to be x feet away from building structures.

Posted by Eric D, NH on Saturday, June 18, 2011

I had all deck railings and spindles replaced last year, so I'm confident that it's safe. I have a page of apartment rules that is an attachment to the lease that all tenants must read and sign, and that tells them they can't grill or cook on deck or within so many feet of the house. So far no problems. I subscribe to another landlord website with a forum that has a lot of, as you say, proactive respondents. Thanks for your response.

Posted by Ellen R, CT on Sunday, June 19, 2011