Disclosure to renters?

[aren]

Missouri. The property floods, the house has flooded once and there is quite possibly a sinkhole under the attached garage. If I cannot sell what am I required to disclose to renters?

 

[sandyclaus]

Missouri. The property floods, the house has flooded once and there is quite possibly a sinkhole under the attached garage. If I cannot sell what am I required to disclose to renters?

If you are already having difficulty selling the property because you know that the property is subject to flooding and that there is "quite possibly" a sinkhole under the attached garage, then there is clearly enough of a threat that you will not be able to disavow any knowledge should something happen in the future to any renters that take possession of the rental property. You are responsible for disclosing these facts to any prospective renters. I would ALSO recommend that you advise any potential tenants to obtain their own flood insurance and renter's insurance to protect their personal property in the likely event that these issues become a problem during their tenancy. And YOU will also have to have proper insurance to protect the structure and property itself.

 

[atomizer]

Unless there is legislation that specifies that you must disclose the flooding problem, you are not legally required to do so. Many people live in flood planes. It may be the moral thing to do, but may not be the legally required. See an attorney or a priest.

 

[justalayman]

of course when the tenants property gets trashed because the house flooded and then find out you knew you have a flooding problem and failed to alert them to that fact, plan on a healthy claim being filed against you or your insurance company.

 

[atomizer]

We don't know if this is a flood plain, so it may be expected by most.

 

[justalayman]

We don't know if this is a flood plain, so it may be expected by most.

It's like so many other things; if you are aware of a condition that might injure your tenant, you are required to disclose the defect. Failure to do so can easily cause the LL to be seen as liable for damages.

 

[sandyclaus]

Missouri. The property floods, the house has flooded once and there is quite possibly a sinkhole under the attached garage. If I cannot sell what am I required to disclose to renters?

We don't know if this is a flood plain, so it may be expected by most.

OP is already aware the the property is located in a known flood plain, as it has flooded before, plus they highly suspect that a sinkhole has developed under an attached garage.

It's like so many other things; if you are aware of a condition that might injure your tenant, you are required to disclose the defect. Failure to do so can easily cause the LL to be seen as liable for damages.

Precisely what I was implying here. No way OP can disavow the knowledge that the property floods (he has already admitted that), and they are already expecting this to be an issue when selling the property.

Failure to disclose a known issue means they are knowingly withholding a material fact that is very likely to impact the property and it's future residents. These residents are entitled to know so that they can make an informed decision as to whether or not to purchase or rent the property. By doing so despite the risk, then the resident assumes that risk along with any consequences of that decision.

 

[justalayman]

Precisely what I was implying here. No way OP can disavow the knowledge that the property floods (he has already admitted that), and they are already expecting this to be an issue when selling the property.
.

I had read the OP's other thread since posting and yes, I agree, he has no other option but to disclose this apparently well known and experienced defect to any it might cause injury to.

 

[aren]

Thank you all for your replies. The house is not in a FEMA flood plain. I have not tried to sell the house. The house flooded in September when we had a record 18" of rain. I would feel bad if I didn't disclose it to a potential renter and they lost personal property. My daughter lost yearbooks and we both lost personal items some of which cannot be replaced. I just was not sure if legally I had to disclose the potential for flooding. The property floods but this is the first time since I have been here that the water actually came in the house. Now I have flood insurance.

 

[atomizer]

Thank you all for your replies. The house is not in a FEMA flood plain. I have not tried to sell the house. The house flooded in September when we had a record 18" of rain. I would feel bad if I didn't disclose it to a potential renter and they lost personal property. My daughter lost yearbooks and we both lost personal items some of which cannot be replaced. I just was not sure if legally I had to disclose the potential for flooding. The property floods but this is the first time since I have been here that the water actually came in the house. Now I have flood insurance.

Ignore sandyclaws and justlayaman they are both renters. I don't see why you should concern yourself with a once in a lifetime event. You can demand that renters carry there own insurance if you like.

 

[justalayman]

Ignore sandyclaws and justlayaman they are both renters. I don't see why you should concern yourself with a once in a lifetime event. You can demand that renters carry there own insurance if you like.

why don't you offer to indemnify the OP should there ever be any claims made against him since you are so sure about this atomizer?

 

[Who's Liable?]

Ignore sandyclaws and justlayaman they are both renters. I don't see why you should concern yourself with a once in a lifetime event. You can demand that renters carry there own insurance if you like.

Coming from a previously banned poster for providing false advice, I would not take atomizer's advice to heart.

OP should be prepared to be sued heavily if they were to proceed with renting without the disclosure.

 

[atomizer]

Coming from a previously banned poster for providing false advice, I would not take atomizer's advice to heart.

OP should be prepared to be sued heavily if they were to proceed with renting without the disclosure.

And here I thought it was because I reported your "special" relationship wirhone of the other members. but then again, you say that about everybody that gets banned. Like you are a position to know anything about anything.

 

[Who's Liable?]

And here I thought it was because I reported your "special" relationship wirhone of the other members. but then again, you say that about everybody that gets banned. Like you are a position to know anything about anything.

Truth hurts... If it weren't true it would be corrected.

 

[atomizer]

Really? Cause non of yuor other post are corrected. So I ask again how do you know? Do the website owners discuss member business with you? Lol I guess your relationship with justs is not disputed.