Jamie Sternberg, Esq.
June 2018
Some creative landlords loan items to residents as an amenity. Borrowed items may include:
- Bicycles (and bike locks and helmets);
- Kayaks (and life vests);
- Paddleboards (and life vests);
- Sports and recreation equipment;
- Ironing board and iron;
- Tools;
- Books and DVDs; and
- Games
Landlords loaning equipment to residents should consider utilizing a “Borrowed Equipment Agreement and Release of Liability” form that will include the following provisions:
- Identifying users (residents and/or their guests);
- Identifying the equipment that is borrowed;
- Identifying checkout and check in time;
- Requiring users to comply with manufacturer recommendations and applicable laws (this is particularly important when borrowed equipment could be hazardous);
- Requiring or recommending users to utilize protective gear (when borrowed equipment could be hazardous);
- Makes the security deposit for the unit also apply to the borrowed equipment;
- Resident and user responsibility for lost and damaged equipment;
- A release of liability and agreement to indemnify; and
- Guardian/parental responsibility and signatures for users under the age of 18
Landlords planning to loan equipment to residents should:
- Identify and assess equipment they would like to loan to residents;
- Develop a system of checking equipment in and out, assessing condition and dealing with equipment repair needs;
- Create a notebook (or post online) manufacturer’s recommendations for equipment; and
- Discuss the equipment loan plan with their insurance agent to ensure that they have appropriate insurance coverage.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.
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