What a tenant must prove to hold a landlord responsible.
What's Below:
Under what circumstances is a landlord liable when a tenant or visitor is injured on the rental property?
How can property owners minimize financial losses and legal problems related to repairs and maintenance?
Under what circumstances is a landlord liable when a tenant or visitor is injured on the rental property?
In order to hold the landlord responsible, the tenant must prove that the landlord was negligent, and that the landlord's negligence caused an injury. To do this, the tenant must show that:
- the landlord had control over the problem that caused the injury
- the accident was foreseeable
- fixing the problem (or at least giving adequate warnings) would not have been unreasonably expensive or difficult
- a serious injury was the probable consequence of not fixing the problem
- the landlord failed to take reasonable steps to avert the accident
- the landlord's failure -- his negligence -- caused the tenant's accident, and
- the tenant was genuinely hurt.
For example, if a tenant falls and breaks his ankle on a broken front door step the landlord will be liable if the tenant can show that:
- It was the landlord's responsibility to maintain the steps (this would usually be the case, because the steps are part of the common area, which is the landlord's responsibility).
- An accident of this type was foreseeable (falling on a broken step is highly likely).
- A repair would have been easy or inexpensive (fixing a broken step is a minor job).
- The probable result of a broken step is a serious injury (a fall certainly qualifies).
- The landlord failed to take reasonable measures to maintain the steps (this will be easy to prove if the step was broken for weeks, or even days, but less so if the step broke five minutes earlier and showed no previous signs of weakening).
- The broken step caused the injury (this is easy to prove if the tenant has a witness to the fall, but might be hard if there are no witnesses and the landlord claims that the tenant really injured himself somewhere else and is attempting to pin the blame on the landlord), and
- He is really hurt (in the case of a broken bone, this is easy to establish).
A tenant can file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement and emotional distress. A tenant can also sue for property damage that results from faulty maintenance or unsafe conditions.
How can property owners minimize financial losses and legal problems related to repairs and maintenance?
Landlords who maintain housing in excellent condition can avoid many problems. Here's how:
- Clearly set out responsibilities for repair and maintenance in the lease or rental agreement.
- Use a written checklist to inspect the premises and fix any problems before new tenants move in.
- Encourage tenants to immediately report plumbing, heating, weatherproofing or other defects or safety or security problems -- whether in the tenant's unit or in common areas such as hallways and parking garages.
- Keep a written log of all tenant complaints and repair requests with details as to how and when problems were fixed.
- Handle urgent repairs as soon as possible. Take care of major inconveniences, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.
- Twice a year, give tenants a checklist on which to report potential safety hazards or maintenance problems that might have been overlooked. Use the same checklist to inspect all rental units once a year.
