Need advice

[Justifer]

What is the name of your state (only U.S. law)? Missouri

Planning on showing the house to a new renter. Old renter indicated basement had a leak. Went to check it out before showing the house. I slipped and fell on the basement floor from being wet.
Found the leakage was from gutter not being connected and water was going into the basement corner.
In lease it stipulates that they maintain gutters. I like to know if I did not pre-inspect the water, and had someone checking out the place to rent and they fell, whose fault would it have been? If tenant, how would I persue action?
Question 2 – Seeing how they did not take care of gutters, went to another rental of mine and found that they have not took care of the gutters for months, causing boards to rot under gutter. Whose fault is that? Thanks

 

[Banned_Princess]

What is the name of your state (only U.S. law)?
Planning on showing the house to a new renter. Old renter indicated basement had a leak. Went to check it out before showing the house. I slipped and fell on the basement floor from being wet.
Found the leakage was from gutter not being connected and water was going into the basement corner.
In lease it stipulates that they maintain gutters. I like to know if I did not pre-inspect the water, and had someone checking out the place to rent and they fell, whose fault would it have been? If tenant, how would I persue action?
Question 2 – Seeing how they did not take care of gutters, went to another rental of mine and found that they have not took care of the gutters for months, causing boards to rot under gutter. Whose fault is that? Thanks

we are not going to answer your question if you ignore ours.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Missouri

Planning on showing the house to a new renter. Old renter indicated basement had a leak. Went to check it out before showing the house. I slipped and fell on the basement floor from being wet.
Found the leakage was from gutter not being connected and water was going into the basement corner.
In lease it stipulates that they maintain gutters. I like to know if I did not pre-inspect the water, and had someone checking out the place to rent and they fell, whose fault would it have been? If tenant, how would I persue action?
Question 2 – Seeing how they did not take care of gutters, went to another rental of mine and found that they have not took care of the gutters for months, causing boards to rot under gutter. Whose fault is that? Thanks

Exactly what do you mean by "maintain" the gutters? Do you mean keep them clean and free from debris? Because I would have to say that a gutter that came separated from the building would be YOUR responsibility. It's part of the property, and that would be YOUR job to keep it in good working order. It would follow that by you NOT keeping them in good working order, you would also be liable for any damage that occurs as a result of it.

That's my opinion anyway.

 

[John_DFW]

An answer to a question you did not ask is that you could be held liable if a tenant falls off a ladder inspecting or maintaining your gutters, either through your homeowners insurance or in court.

This is why you should used a licensed bonded and insured repair person for all maintenance if you are not comfortable doing this work yourself.

 

[Searchertwin]

we are not going to answer your question if you ignore ours.

Well, OP did come back and posted the state. NOW, show op the respect and give an answer.

You always do that when someone posts without listing a state, reply like you did and than don't reply when they do come back and give state.

Don't do that unless you plan to answer when they do. .

 

[Searchertwin]

What is the name of your state (only U.S. law)? Missouri

Planning on showing the house to a new renter. Old renter indicated basement had a leak. Went to check it out before showing the house. I slipped and fell on the basement floor from being wet.
Found the leakage was from gutter not being connected and water was going into the basement corner.
In lease it stipulates that they maintain gutters. I like to know if I did not pre-inspect the water, and had someone checking out the place to rent and they fell, whose fault would it have been? If tenant, how would I persue action?
Question 2 – Seeing how they did not take care of gutters, went to another rental of mine and found that they have not took care of the gutters for months, causing boards to rot under gutter. Whose fault is that? Thanks

Agree with John. If it is not listed specifically, than it is in the LL ballpark.
A lease is like a word game, it has to be very precise in every little detail.
As John stated, "Exactly what do you mean by "maintain" the gutters?"