Tenants wants to train clients - Posted by MikeMc (IL)

Posted by ski on May 08, 2006 at 20:42:07:

Simple…NO NO NO NO

Tenants wants to train clients - Posted by MikeMc (IL)

Posted by MikeMc (IL) on May 08, 2006 at 14:25:43:

My tenant is a personal trainer and would like to train clients in the basement of the home he is renting from me. What can I do to protect myself from any risk exposure that may result from one of his clients? Are there forms I can create to have his clients sign? If so, does getting a signed ‘hold harmless’ absolve me from any lawsuits against the tenant?
I checked with my insurance and they do not provide any coverage unless I were running a business out of the home not the tenant.
Thoughts, suggestions?
Thanks,
Mike

Sure, do it but charge for it. - Posted by Marc Donovan

Posted by Marc Donovan on May 10, 2006 at 06:31:13:

If the place is zoned commercial or mixed use, just get your attorney to draw up a commercial lease. Treat it just like you would if you owned a strip mall. And charge accordingly. Use some of that extra money to get a commercial landlord policy.

As long as the property is maintained correctly, you should not have any problems. You can’t be held negligent for equipment that you don’t own and have no control over. You can be sued for negligence due to poor maintenance, etc., but this is what a commercial policy covers.

Re: Tenants wants to train clients - Posted by dealmaker

Posted by dealmaker on May 08, 2006 at 18:14:22:

Tell him NO, not if he names you as an additional insured, not if has $30MM in liability insurance! It’s a RESIDENCE, in fact most of my ppties are in deed restricted or residentially zoned neighborhoods.

In my lease it’s a violation of the lease for ANY business to be operated in my ppty.

Let’s say that he shows you a liability policy for $1MM, or any amount. You say “OK”, he fails to pay his premium, or even if he doesn’t. Through his “error or omission” he cripples some guy who’s a pretty good earner.

The injured guy AND HIS SPOUSE are both going to sue EVERYBODY in sight for loss of income and loss of “consortium”, BIG BUCKS. This is a problem that you can’t afford. There are lots of tenants in the world who don’t want YOU to be their business partner!

dealmaker

I would say no to this tenant - Posted by Anne_ND

Posted by Anne_ND on May 08, 2006 at 17:22:06:

Any kind of in-home biz is not in my plan. Day cares and dog breeders are especially unwelcome.

Anne

Re: Tenants wants to train clients - Posted by Natalie-VA

Posted by Natalie-VA on May 08, 2006 at 15:38:45:

Mike,

Anyone can sue anyone, so even if you had a valid defense, you would still have to pay to defend yourself. I’ve had prospective tenants ask if they can run a daycare from the residence. My lease says that I am leasing to them “for use only as a private dwelling”. I just think it’s safer to not allow them to run a business from your house.

Just my thoughts…

–Natalie

Re: Tenants wants to train clients - Posted by Carter

Posted by Carter on May 08, 2006 at 15:08:01:

You should have your tenant purchase a commercial general liability policy for his business, and have you listed as additional insured. As the additional insured, should you be listed in a suit, his policy would protect you as well. If possible, you should require him to also have a waiver of subrogation added to the policy. This would keep his insurance company from coming after you should they loose the suit brought against your tenant. He should carry at least $1 million in liability coverage.