Ban Recreational Use of Building Roof Spaces

Hot temperatures during summer and early fall months make it tempting for tenants to go up on the roof and sunbathe, barbecue, or just cool off from their hot apartments. Unfortunately, allowing tenants on the roof of your building can cause you many problems, such as code violation citations and liability for property damage and injuries.

For example, tenants' furniture could cause damage to the roof and your insurance company may decide to deny coverage when you submit a claim, because your roof was open for such purposes. Another big concern is liability for injuries to tenants, guests, or third parties from falling objects and accidental falls. There may be no railings or other safeguards, and a bottle or other object could be thrown off or kicked off the roof.

If roof access is not a required service and you don't account for it in your leases, it is in your best interest to deny tenants access to your building's roof to minimize liability. Click here for a Model Letter informing your tenants that they cannot use the roof for any recreational purpose and of the laws that impose violations for roof use.