Concern about a clause in the a lease I'm about to sign

[sandrawg]

State: Maryland

I'm about to relocate, and moving into a rental with a housemate. He just sent me the lease to sign, and there's 1 clause in there that's bothering me. I wanted to run it past you guys.

"The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Premises of the Landlord or for any loss of or damage or injUly to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible. "

What concerns me is that this seems to absolve the landlord of ANY liability, even if the landlord is responsible for the tenant's injury or death. Let's say, for ex., they know a stair is broken, but they fail to fix it. Then I fall and hurt myself. That means, the landlord is not responsible for damages for this, because I signed away my rights?

Thanks to anyone who can advise me on this.

 

[Who's Liable?]

State: Maryland

I'm about to relocate, and moving into a rental with a housemate. He just sent me the lease to sign, and there's 1 clause in there that's bothering me. I wanted to run it past you guys.

"The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Premises of the Landlord or for any loss of or damage or injUly to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible. "

What concerns me is that this seems to absolve the landlord of ANY liability, even if the landlord is responsible for the tenant's injury or death. Let's say, for ex., they know a stair is broken, but they fail to fix it. Then I fall and hurt myself. That means, the landlord is not responsible for damages for this, because I signed away my rights?

Thanks to anyone who can advise me on this.

You almost had it right. It does not remove your right to sue the LL if they fail to fix something that causes an injury.

It removes your right to sue the LL should an event happen on the LL's property that is no fault of their own. This also removes the right to sue the LL should something happen to property owned by the tenant, whether it is a car that is stolen or a tenant has a guest that causes damage.

However, a LL cannot add a clause in the lease that removes a right given to a tenant in your states LL/T law. Depending on the exact circumstances this clause may be unenforceable.

Depending on how you want to proceed, this may be a stickler should something happen down the road, and the LL is sticking to their signed lease, even if it is an illegal clause.

 

[You Are Guilty]

I have not specifically checked MD's laws, but in every state I am aware of, public policy forbids a waiver of gross negligence (like the type by a LL that might kill a tenant).