NEW YORK. Can a landlord, and should a landlord, have a clause in the lease that says he isn't liable for damage to a tenant personal property. This is a storage lease in a private gargage. I have read where it says the landlord isn't liable, as the renter should have their own rental insurance. Another person answered that these types of clauses are not enforcable. Does such a clause protect the landlord, and should I insist on it being in the lease. Here is what I have been able to come up with so far:
<< The tenant agrees to take full responsibility, and to hold the landlord harmless for any damage to property placed into storage at said premises. The landlord shall not be held responsible for any loss of, or damage to property of the tenant, including, but not limited to, loss or damage occasioned by theft, fire, smoke, water damage, structural damage, acts of God, public enemy, riot, civil commotion or other insurable casualty, and tenant expressly waives any claim for liability against the landlord with respect to any such loss or damage. Accordingly, it shall be the responsibility of tenant to secure their own insurance or otherwise protect themselves and their property against such loss or damage. >>
Will this hold up if there is a situation of damage? Thanks!