Transcript of Daniel's response to an attendee of a webinar who typed out a question.
Q: I manage a six flat building in North Beach and I have an ongoing issue with tenants going up on the roof of the building. It's a flat roof with stairs going up to a stair house and a door at the top of the stairs. I don't want the wear and tear resulting from tenants walking on the roof surface nor the potential liability of someone that's hurt. What should I do?
A: Well, if you have an outstanding lease agreement, it should clearly indicate that roof access is prohibited, but for an emergency, you should not lock the door leading to the roof because that can be a fire hazard and dangerous during an emergency.
What you can do is police your lease agreement by making sure if you are ever aware of people on the lease on the roof, you inform them that they're in violation of the lease and if they do it again, you will formally serve them a notice to cure or quit for violation of the lease.
Let's say you don't have a lease, and there are many of you who may not have a lease because you inherited a building from family members who only had oral agreements.
When tenants are hanging out on rooftops to watch the sunset or having a party and drinking alcohol on your roof, we believe that it's a nuisance and should not be permitted, especially if there is no deck formally created that is safe and secure.
So if tenants are accessing the roof without your permission and authorization, I believe you can proceed with a nuisance and give them notice that they're not to go on the roof, but for an emergency. What I have done in some of the buildings that I have overseen is actually the door is able to be opened onto the roof, but it has emergency sounds that go off.
That sounds quite alarming when you open it. And that is a disincentive for someone to go on the roof because it triggers a sound alarm.
Most importantly for the safety of yourself, for liability issues, if you find people who are entering on the roof of your building, you need to act immediately.
One way to do it is to distribute a letter throughout the building letting people know that it is an absolute prohibition to be on the roof but for an emergency and that if someone continues to do so, you will proceed in terminating their tenancy, either for violation of that covenant in the lease or for nuisance. You've got to protect your property.
You've got to police your property in a diplomatic but firm manner. And if you learn people are on the roof, you need to act immediately.
It would be terrible if a situation arose where you were aware that people were on the roof, did nothing about it, and then six months later someone in a drunken stupor fell from the roof and all of a sudden they're claiming that you were given advanced notice that people were on the roof, did nothing to stop it, and therefore you bear some form of culpability or financial liability for the injuries that occurred.
Rest assured, that can happen, so you want to be proactive and preclude it by ensuring that you are watching your building. And if tenants tell you people are on the roof at night, you want to stop it and make sure it doesn't happen.
Do not lock that door to the roof, but instead put the sound alarm there and distribute information to all tenants that rooftop access is not permitted.