@Blossom, curious what that would be.
Issue was potential encroachment on a wetlands. The survey showed it wasn’t a problem-- the boundaries were well defined, our addition was well within the boundaries with a comfortable margin of error. Agent knew that several homeowners who abutted different wetlands in our town (plus ours) had run into problems. And even if a property falls outside of a flood zone (as ours did), the property can STILL flood, and the damage can be in the tens of thousands of dollars.
We opted for caution- revised the plans. The survey is a static event; swamps and marshes and wetlands move with the seasons…
You really can’t eliminate “children”, since what is dangerous for a 3 year old may be perfectly fine for a 12 year old. All you have to do as a landlord is identify hidden dangers; obvious dangers are, well, obvious, but you can point them out as well to prospective tenants. It’s up to the parents to determine what risks they are willing to assume.
And if a kid falls, you think the parent will say, “Oh, well?” Or look for deep(er) pockets? And proving that you “pointed out” risks can be mighty hard. Even if they sign off, you can be subject.
Just make sure you cover all the bases. Legally and legitimately, for your particular area. Not saying OP is out of luck, just to get the right advice.
[/quote - @mathmom wrote: Can you have some sort of removable baby gate as part of your stair design?
[/quote]
Something like this?
http://www.toddlelock.com/index.html
That just might be the answer.
I think you are going to have a problem here. With 400 sq. ft. on the ground floor there is room for a sleeping area for a child. You might be able to limit the apartment to two people, but then you might have a single parent with child. And I’m not sure at what age a “child” becomes old enough to be an occupant. It might be age 2.
Some ideas:
- Own the property with an LLC or S Corp.
- Get a release from the parents saving and holding you harmless for any damage related to the loft. Include a minor release that has to be signed by both parents. If you can’t get both parents to sign, require court approval.
- See if you can find a renter’s policy that would cover negligent injury to a child living in the home. If you can find it, make them buy it.
- If you feel you are legally obligated to let the apartment to someone with a young child, but also feel that doing so would put the child in danger, you might need to call CPS. Let them decide if the child is being placed in unreasonable danger.
@sherpa Have you considered factory built spiral staircase kits? Takes up very little floor space, works well with a sleeping loft and much more elegant and child friendly than a ladder.
You might want to read the stats on bunk bed injuries and deaths. They are alarming. Any fall from a raised loft is going to cause injuries. Not an insurance expert but I would get a policy with very high limits to cover my personal assets.
Consider a Murphy bed?
- Not every child has two parents.
- Courts don’t just issue court orders for things like this with no other basis for being in court. One can’t just present a court with a stand alone order and ask it to be signed. And what would the order be? “Parent, you are ordered not to live at 123 Main street because I’ve heard there is a ladder that might not be safe for a 4 year old”?
- Call social services? Again, they do not go to homes that MIGHT be a danger. Geez, every home with a pool is dangerous to young children.