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Premises liability mediators often encounter some strange cases that show the extent to which the threat of ‘liability’ can threaten basic common sense. Take, for example, the recent story about Sergeant William Bolt and his wife Lily, who lives in the town of Central, South Carolina at The Groves apartment complex.

While on leave for the holidays, Sergeant Bolt, who is not on the apartment lease, stays at his wife’s apartment while spending time with her and their newborn daughter. However, recently, the couple came under fire by the landlord, who insisted that if Bolt stays beyond the 7-day visitor limit (as per the lease), his wife is violating the terms of her lease.

“I’m stationed in Missouri and we haven’t seen each other in six months,” says Bolt. “What’s the problem with me staying and visiting with my wife?” The landlord of The Groves insists, however, that the rule applies to every resident, regardless of specific circumstances. Although he refuses to go on record with local media outlets with his full name, he states that the rules of the lease must be followed to the strictest letter since the resident signed it. The only option he is giving the couple is for Bolt to leave the premises or for their rent to be doubled.

According to Bolt, the landlord doesn’t care that the couple is married with a newborn, nor does he care that Bolt is in the military. After taking the case to a local attorney for consultation, the Bolts stated that the attorney assured them that the landlord’s case will likely not stand up in court for several reasons: first, the couple is legal spouses; second, the portion of the lease relating to visitors staying beyond 7 days is poorly worded.

This is an excellent example of a case relating to premises liability concerns (on the landlord’s part) that simply doesn’t hold water in court or show simple common sense in application of premises liability law. In fact, the couple plans to take the case to a mediator soon in order to resolve the dispute. Hopefully, mediation will help this misguided landlord see the error of a poorly written contract.