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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100422
Experience:  Lawyer
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I have a question about how I can pharse/law terms to protect

Customer Question

Hi I have a question about how I can pharse/law terms to protect the property manager from liability for error in judgment or mistake of work firm/vendor to the rental unit?Right now what I thought about is i am not responsible/liable for any death,injury,our damage to persons and building.Any input would be much apperciated.Thank you.
Submitted: 2 years ago via LawDepot.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am not sure what you mean.
Are you saying you are protected by wording in the lease but want to know how to protect the property manager as well?
Customer: replied 2 years ago.
Im the property manger ive been working at this building for 1 year and its in rough condition and old building...its had the heath board called on for mice/flea infestation,fire inspector come in etc.My main concern is the landlord who owns the building when I first came in(im new to pm)he wanted me to light the hotwater tank,hes a typical slumlord ( label terms) theres been a a apt vacant for 6 months and he doesnt want to put money into fixing it hes opting for a tentant to put down first and fix 2nd.the apt has a sink cupboard that has black mold in it which is a heath hazard plus a electrical problem that could be fatal to the building after talking to a season pm she said if a landlord doesn't show any care for there asset its a liability on you cause hes not keeping the upkeep with the place.Plus a fire inspector came in bout 10 months ago saying its apart fire code this building has interconnected fire alarm which never got contract is done there.i want to continue working there but want to bring the holdharmless clause in play so im protected.
Customer: replied 2 years ago.
It was said to me that im liable if i hire a electrician for instance he fixs the problem then all sudden that building catchs fire due to electricity then i would be sued..thats why I want to get in the description part on hold harmless clause from the site law depot right.
Expert:  Debra replied 2 years ago.
You can ask the landlord to hold you harmless but you cannot ask tenants to do that and they are the ones who will sue.
But you are acting as agent for the landlord and so ultimately he is liable to the tenants and you are not.
So you can ask him to provide you with an indemnification agreement but you cannot consider drafting that yourself as you need a lawyer to do the documentation.
If the landlord is agreeable then ask him to cover you legal fees but say you are retaining your own lawyer to do that agreement.
Also ask the landlord to show you his insurance information.
But if you are really worried and this guy does not sound trustworthy then it is likely more prudent to find another job if at all possible.
Customer: replied 2 years ago.
Thank you for the input.This indemnification contract how much ist it to write up?and can you do it?
Customer: replied 2 years ago.
was wondering if you could check the indemnification agreement on description part im thinking how to fill it out with what i mention from my first question?
Expert:  Debra replied 2 years ago.
You cannot rely on an agreement in find online.
And I cannot do it for you but if it is a simple one page document it will not cost much and you can use it whenever you change jobs as well.
In most provinces you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

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