7 Replies Latest reply: May 26, 2019 1:02 PM by adiv RSS

    Renters' use of cargo lift

    adiv New Member

      If a cargo lift is included in the rental, should I require a signed form about its use?  If you do this, what items would you recommend including?

        • Re: Renters' use of cargo lift
          margaret CommunityAmbassador

          Do you mean a cargo elevator?

          • Re: Renters' use of cargo lift
            treeguy Contributor

            Please describe your cargo lift in more detail.  Is it enclosed, like a large elevator or is it a cage with a manual door?  How many floors does it serve?  How did it come to be a part of your rental?

            • Re: Renters' use of cargo lift
              linky17 Active Contributor

              As well: is it the only point of vertical access to your property?  OR: is it a 'bonus' feature, that folks would otherwise not need?  (Unless, of course, they're hauling their Steinway? : )

                • Re: Renters' use of cargo lift
                  adiv New Member

                    No Steinways on the lift!  It's a cage-type exterior "elevator" that comes from the parking area up to our beach house deck (17 feet).  It's a bonus feature--there are exterior stairs as well.  The lift would be for cargo (suitcases, coolers, etc) ONLY.  No passengers allowed at all.  The lifts are very very common in our beach community but we are concerned about misuse.  It will have a child lock-out switch on the gates on both ends, and we plan to mount an additional security camera focused on it to ensure it's used for cargo only. 

                  Thanks for any and all help and suggestions. 

                    • Re: Renters' use of cargo lift
                      wildiris Active Contributor

                      Maybe I'm too much of a "nervous Nellie," but this sounds to me like a lawsuit waiting to happen.  I would check with your liability insurance carrier and see what they have to say about your renters' use of the cargo lift.  You could have your renters sign a release to not hold you liable for any injuries or damage they sustain from using the lift, but you should check with an attorney where your vacation rental is located to see if such a release would be enforceable.  In some states, a release of liability that is made before an accident occurs is not enforceable.  Also, you would have to get a release from each member of the rental party.  Children can't execute a release.  If a child is injured, I think that you could still be sued, even if his parents signed a release.  I think that the best that you could do is to have the primary renter sign an indemnification agreement stating that he will indemnify you if anyone in the rental party is injured in the cargo lift and sues you.

                       

                      Also, a security camera won't "ensure" that it's used for cargo only.  The security camera cannot prevent misuse.  All it can do is alert you that people are riding in the cargo lift.  By the time you see an alert from the security camera, the lift ride will be over.  It will enable you to call the renters and tell them that you saw them riding in the lift in violation of your rules. 

                        • Re: Renters' use of cargo lift
                          adiv New Member

                          Thank you.  We see many of the same issues.  The lifts are so very common--almost expected--in our community.  We contacted the insurance, and there is no extra policy fee or rider required.  That surprised us. I think it's wise to consult a local attorney.  I'll also consult the management companies and ask if they use some kind of indemnity form, although I know they won't share!