liability in a sublet situation
We have a month to month situation
– no lease- we’ve been here for 12
years, and are going to be subletting
our unit (we have the downstairs of
a 2 family house) for a year. If
someone were to get hurt or there
was a catastrophe like a fire or
something, would we be responsible
or liable in any way?
Re: liability in a sublet situation
The owner/landlord almost always carries fire insurance and liability insurance.
You can’t get fire insurance, because you do not own the premises.
Liability insurance, to keep it simple, covers the holder of the policy for injuries caused by negligence, such as falling down defective steps, tripping over a hidden sprinkler, etc. You may be responsible to a subtenant,so you should make it clear in a written lease, that tenants (or sub-tenants) should carry their own renter’s policy, and that defects in the premises would be covered by either the owner, or a renter’s policy held by the sub=tenants.
Just to clarify, you DO have a lease, but it is oral, and not written. It is a contract, and oral contracts are just as binding as written ones, except, obviously, harder to prove.
Make it clear to sub-tenant, that you are not responsible, and you should have no problems. There are rare exceptions, but I do not have the time nor room to give you everything.
If you need more, feel free to e-mail, or call, my office.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305