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Posts: 3
Reply with quote  #1 
I think I've got a problem.  I rent a single family home using a property manager since I live out of state.  The tenant had an accident when the railing on the deck failed causing him to fall. Lucky he only suffered a cuncussion and a sprained shoulder since he fell about six feet on to concrete.
The problem is that I built the whole deck and railing without any permits or inspections.  I'm not a contractor but I thought I did a good job.  Turns out that code enforcement has cited me for the permits but also the complete deck and railing not being built to code.  It appears that the railing was not attached properly and I used to small of scews to secure it.  The tenant is now sueing me for his injuries and it turns out that I did not have the correct insurance to cover for this.  Should'nt the property manager have some responcibilty here??

Thanks, MRD

Posts: 445
Reply with quote  #2 

Let's review;

You built the deck, did not get permits, did not meet building requirements, and did not have adiquate insurance.  And you think that this is the property management companies fault because of what???


Where I live, you are required to get a permit for any deck over 30" off the ground because some one can get seriously hurt if it is not built correctly.   HMMMM.


Posts: 577
Reply with quote  #3 

MRD please say no more to the tenant & speak with an attorney, how does the tenant know who built the deck?  


Posts: 3
Reply with quote  #4 
I understand the problems that I have with the permits and inspections.  My issue is that I live out of state and the property manager should be maintianing the property and made sure the railing was secure when he did the inspection.  The tenant already knows that the deck was built by me and not a contractor because the neigbors watched me build it and told the tenant to get code enforcement involved.  It was tenant that infomed code enforcement and got the code violations report done but he only did this during the unlawful detainer I filed for rent withheld by the tennant for his injury and med. bills.  The tenant lived in the house for 3 months so should'nt he have noticed the loose railing??  I'm sorry I did'nt just call the tenant when I found out about the accident and work something out with him.  Now I've got legal fee's and have to travel out of state for several days but this was my first rental.
Thanks for you replys.

Posts: 3,817
Reply with quote  #5 

I'm sorry but this isn't the property manager's fault or responsibility.  You gave the property to that person to manage.  When you did, you probably signed some contract that said you would keep your property up to code and standards and that you would abide by all state and local laws.  You didn't.  It was your responsibility to construct that deck to code, to learn code if you didn't know it, and to get permits and inspections for any required construction.  Did you tell him/her you built it without permits or inspections?  If you neglected to tell the PM this, how was he to know?  He can't research every renovation that was ever done on every property he manages.  Get an attorney now.  Then, when this is over, get an umbrella liabilty policy to cover any future incidents.


Posts: 3
Reply with quote  #6 

Thanks for the replys.  I know I screwed up and my attorney has told me so. I was in a hurry to rent the property and did something that most everyone around here does as far as additions to their property. My attorney woke me up today by explaining that I'm very lucky that the tenant was not hurt more.  I hope I can settle this out of court and deal with the code violations and tax issues.  The property manager has already settled with the tenant so I gusee that's my next move.


Posts: 9
Reply with quote  #7 

Accident lawyers capable to resolve legal controversy that situation would be best to contact expert accident lawyer they can rescue from uncertain legal problems and when to file a claim to compensate for your injury.


brain injury attorneys 

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