OT: Any lawyers on here?

Jimmy103 · Post #1 » by **Jimmy103** » Fri May 16, 2008 11:31 pm

A couple of friends and I wanted to rent a place down the Cape this summer. So we contacted a guy, he sent us a lease, and there's an indemnification clause in there saying if anything happens (beyond property) damage than he is not responsible.

My friend's uncle tossed up a red flag and said we should be weary of this.

I can see why it would be in there, why the renter would want it in there, I was just curious if this was common or not. Also, is there any way to purchase the necessary insurance to cover ourselves if the renter refuses to remove that clause from the agreement? It's only for a week, but we'd rather be safe than sorry.

Thanks for any insight/help in advance.

Athanacropolis · Post #2 » by **Athanacropolis** » Fri May 16, 2008 11:35 pm

Hey Jimmy, I'm in my third year of law school, so I'm not a "lawyer" per se, but as far as I have learned, those indemnification clauses are very common, and perfectly legal. They generally refer to things like a burglary or something like that, he's not responsible for your lost or damaged stuff. Honestly, good luck trying to rent a place without one of those clauses being in the agreement.

As far as insurance to cover yourselves, I don't know if that exists. If he won't remove the clause, there's not much you can do beyond refusing to rent from him. Hope that helps!

Datruth345 · Post #3 » by **Datruth345** » Fri May 16, 2008 11:35 pm

i believe someone on here was going to law school

spinmove maybe...

and me and like 11 of my friends get a capehouse every summer, crazy times, but i have never been involved in the paperwork...by my own choosing lol...so I'm sorry i can't help you with that, good luck with everything man

Post #4 » by **Spin Move** » Sat May 17, 2008 12:31 am

I am a lawyer, indemnification clauses are not uncommon you just need to read carefully and make sure what you are indemnifying him for is reasonable.

Post #5 » by **Spin Move** » Sat May 17, 2008 12:33 am

Wrong thread

Maple Green · Post #6 » by **Maple Green** » Sat May 17, 2008 2:25 am

As far as I know,depends on the interpretation of the leasse and lessor. Based on your post it is more on lease the place no more or no less. Yes, any bulgarly or furtuitous or incedent happen inside the premises (like slip at the bathub that cause hospitalization of the leasee) that cause damaged life and or property of the leasee that cause damaged to the side leasee, are not responsible for the lessor.

Yeah, you can insured yourselfs for your own protection.

God Bless! and I hope it help....