Landlords have a legal obligation to provide safe and properly maintained premises for their tenants. If they fail to do this, they may be liable for any injuries suffered because of their negligence. If you have suffered a personal injury because of a landlord's negligent action or inaction, you may bring a claim against the negligent landlord.
Landlord Liability
Landlords have a duty to repair any defect or properly maintain a rental property especially if repairing a defect is not unreasonably expensive or difficult to do. A landlord may be liable for a tenant's injury when the landlord was negligent in maintaining or repairing the property, and the negligence directly caused the tenant’s injuries. The tenant who has suffered a resulting serious accident may show that his or her injuries were a foreseeable result of the landlord's negligence.
The types of situations for which a landlord might be liable include the following:
- A tenant injures his or her leg on a broken step that has gone unrepaired for a substantial amount of time even with notice.
- A landlord fails to repair a leaky roof to the point and the leak causes property damage such as mold to the rental unit as well as to the tenant’s personal property.
- A landlord does not repair a door lock on the rental unit, and the tenant's property is subsequently stolen or the tenant becomes the victim of a criminal assault by a trespasser.
- A tenant's child suffers lead poisoning because the landlord did not properly maintained the premises, allowing lead-based paint to peel.
What to Do
If you have suffered an injury due to your landlord's negligence, you may pursue a claim through small claims court if your damages are between $5,000 and $7,000. However, if your damages exceed those that are allowed in small claims court, you should consult with an attorney as soon as possible to determine what you should do. Find an attorney to discuss how to file a personal injury lawsuit against a landlord.
