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June 11, 2015Top Ten 1031 Exchange Misconceptions | First American Exchange Company
July 7, 2016
“The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.”
Even though the lease provided that the tenant was required to indemnify the landlord against such actions, it was silent as to whether it included any finding of negligence by the landlord. This was further complicated by the landlord’s reservation of control over the area in which the injury occurred.
The takeaway: be more specific in describing the boundaries of indemnification and control and physical maintenance of the property. Otherwise, the decision as to what the parties intended will be left to the judge or jury.
Note: The views expressed are solely the opinion of the author.
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Content Source: COA: Tenant does not have obligation to indemnify landlord | The Indiana Lawyer
