Landlords typically maintain their properties in pristine shape in order to attract high-quality tenants. However, some landlords fail to properly maintain their properties, putting their tenants at risk.
So, how do you proceed if you have an injury in your rental home? If you are hurt or lose money because of your landlord’s carelessness, you may be entitled to compensation. If you want to sue your landlord, you’ll need to show that they owed you a duty of care and breached it.
The Duty of Care a Landlord Owes to Tenants
Landlords have responsibilities to their renters and any guests staying at their leased home. An owner’s responsibility for injuries sustained on their property is known as “premises liability.”
The law requires landlords to ensure their properties are habitable. To ensure your safety, they must do necessary repairs and upkeep to the property. Apartment complexes, for instance, are responsible for maintaining clear and safe stairways. They are responsible for ensuring the safety of their tenants and must repair any damaged stairs.
For their part, landlords must:
The upkeep of shared spaces is essential.
Keep an eye out for any hazards and let your renters and guests know about them.
in a way that doesn’t disrupt the tenant’s peace and quiet
Adhere to all applicable laws, including those that demand functional plumbing and heating in the winter.
Protect a home that is rented out on a short-term basis (such as an Airbnb) and is fully furnished.
So, what exactly is negligence?
When one party causes another’s injury or financial loss due to their own carelessness, indifference, or refusal to act when they should have, they have committed negligence. Automobile accidents constitute the bulk of careless lawsuits. However, under the legal doctrine of premises liability, the owner of the property where the injury occurred might be held liable if they were careless.
The fact that an injury or loss has occurred as a direct result of any action or inaction is sometimes sufficient proof of negligence. However, there are specific components that must be proven in order to win a negligence lawsuit in court.
What Constitutes Negligence in a Lawsuit?
To win a case or negotiate fair compensation as the victim, you must demonstrate that you suffered from the following.
Your landlord had a responsibility to take care of you and failed in that responsibility.
The harm or loss of wealth originated from that breach of duty.
The injured party must prove that the landlord owed them a duty in order to win a case against the landlord.
Does the Landlord Need to Be Informed?
A landlord’s responsibility extends beyond just the renters to include invitees of the tenants and, in the case of publicly accessible locations, the broader public. Maintaining the habitability and safety of the common areas typically entails fixing things like damaged staircases and loose wiring, replacing broken furniture, and fixing broken railings.
Landlord liability requires either actual knowledge of the unsafe condition or the passage of enough time for a “reasonable” landlord to have been made aware of the issue and given the chance to address it.
However, if someone enters your apartment, the landlord’s obligation for your injuries may terminate. But let’s say the landlord is the only one who can fix the problem that caused the harm. If the landlord was given notice of the defect that led to the harm and did not fix it in a timely manner, he could be held accountable even if the accident occurred inside the apartment.
Hazards should always be reported to the landlord.
First, you should review your lease to see who is responsible for making repairs or fixing any hazards. Maintenance tasks in your unit may fall under your purview. One such task could be maintaining the apartment’s light bulbs. If you don’t replace a lightbulb and end up falling because of the lack of illumination, your landlord will not be held responsible.
If the repair or unsafe situation is not your responsibility, like faulty wiring, you should contact your landlord or property management firm as quickly as possible so that they can address the issue.
Keeping track of when and how you notified your landlord is important evidence for a claim of negligence. Keep any notes, messages, or emails you send to your landlord, alerting them to potentially hazardous circumstances and documenting their continued failure to address such issues.
Tenant Rights: What You Need to Know
When a landlord fails to answer within a reasonable amount of time, it’s necessary to look into the laws of the landlord’s jurisdiction. Tenants in some jurisdictions have the right to withhold rent if the property is unfit for human habitation.
Tenants’ rights are protected by state statutes. If your landlord is being difficult or is ignoring your requests for repairs, you may want to consult an attorney. Get in touch with a personal injury lawyer for assistance with a claim of negligence if you sustain a significant injury. Money can be awarded for things like medical expenses, time off work, and emotional distress in a personal injury case.
Consult with Darfoor Law Firm
An experienced lawyer provides you with the opportunity to discuss your situation and gain clarity on your potential avenues for seeking compensation. It’s your opportunity to ask questions, assess the strength of your case, and decide if legal representation is beneficial for you.
If you or a loved one has been injured in an accident due to someone else’s carelessness or fault, Darfoor Law Firm is here to provide support and suggest the best course of action.
Accidents can be difficult to deal with; that is why having someone who understands and empathizes is so important.
Call us at +1-833-DARFOOR for a free case evaluation.