Can Landlords Be Sued For Failing to Maintain Safe Conditions?
Making your home in a rental property does not mean you give up your legal right to live in safe and habitable conditions. Landlords have the legal obligation to safely maintain their properties. When landlords fail, their tenants are allowed to seek legal recourse. Understanding a landlord’s responsibilities and a tenant’s legal options is vital for those facing unsafe housing conditions.
So, when can a tenant sue a landlord for failing to provide a safe rental unit? This article explores a landlord’s legal responsibilities, common safety violations in apartments and rental properties, when a tenant can take legal action, steps tenants should take before filing a lawsuit, and potential damages they can collect.
If your landlord has acted illegally or their negligence has caused you injury or loss, you deserve the support of an experienced legal team. Do not hesitate to contact a premises liability attorney to discuss your options and your legal rights after experiencing landlord negligence.
Continue reading to learn more about whether landlords can be sued for failing to maintain safe conditions in their rental units.
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What Are My Landlord’s Legal Responsibilities?
Landlords have a legal obligation to safely maintain each of their rental units. The law has established several legal theories that create this responsibility for landlords and the right to recover compensation for tenants. Here are some common responsibilities that landlords must comply with to avoid legal liability.
Implied Warranty of Habitability
The implied warranty of habitability creates an obligation in landlords to maintain their rental units in a way that allows tenants to safely live in them without fear of an unsafe condition causing them injury or property damage. In essence, landlords must provide and maintain living conditions for their tenants. The implied warranty of habitability applies even if the terms are not explicitly listed in the lease.
Duty to Maintain Common Areas
In addition to the individual units, landlords must properly maintain the common areas. Landlords must take care of laundry facilities, parking lots, hallways, and mailrooms, for example, to ensure tenants are not injured in common areas. Common areas must be clean, well-lit, and free from hazards. This includes promptly removing snow and ice from common areas.
Compliance with Building Codes
Every state has its own building codes which must be complied with by landlords, or the landlord risks facing legal liability. State law or local housing authorities might require that the landlord submit their property to regular inspections to continue renting to tenants. Failure to comply with building codes, either by cutting corners with maintenance or ignoring the rules altogether, might cause the landlord to face legal liability.
Timely Repairs and Maintenance
Landlords must make timely repairs and promptly respond to maintenance calls from tenants. Landlords must fix known hazards within a reasonable amount of time. Delayed or ignored repairs can be grounds for a lawsuit.
Provide Proper Security
Landlords must provide adequate security for their tenants. Proper security means that the apartment or rental unit has secure locks on doors or windows and adequate lighting in public or common areas. Proper security might also include security cameras or personnel and security measures in high crime areas.
Preventing Infestations
Landlords are responsible for ensuring that the property is free from pests. Infestations of rodents, insects, mold, or other pest issues must be addressed. Failure to fix this issue can be grounds for the tenant to take legal action.
Maintain Structural Integrity
The landlord must maintain the structural integrity of the building or units they rent to tenants. It is the landlord’s responsibility to ensure that roofs, walls, floors, and staircases are safe. If these areas are in poor condition, then the landlord is responsible for repairs.
Common Unsafe Conditions That Can Lead to Lawsuits
There are some common unsafe conditions in apartments and rental units that often lead to lawsuits. Some common examples of unsafe conditions that often lead to tenant lawsuits against landlords include:
- Lead paint, asbestos, or other present toxic materials
- Slip and fall hazards, often caused by failing to react to dangerous weather conditions
- Mold or pest infestations
- Electrical fires
- Construction hazards during remodeling
- Injuries or theft from criminal activity
When Can a Tenant Sue a Landlord?
A tenant can sue a landlord if the condition of the rental property is so dangerous that it causes them to be injured or suffer some kind of property damage. A landlord can sue a landlord if:
- The tenant suffered injuries, financial loss, or property damage because of the unsafe condition
- The landlord knew or should have known about the condition or hazard
- The landlord did not take remedial action to address the condition or hazard within a reasonable amount of time
An attorney can review the facts of your case, including the cause of your injuries or losses, to determine if the landlord has legal liability to you. Working with a premises liability attorney can help you get the compensation you deserve if a landlord’s negligence causes your damages.
I Am a Tenant. What Should I Do Before Filing a Lawsuit?
As a tenant, consider taking the following steps before filing a lawsuit against your landlord:
Document The Condition
You will need proof of the dangerous condition when you file your case. Take pictures and videos, and collect witness statements regarding the dangerous condition. If you are injured because of the danger, then take pictures of your injuries and collect medical records and bills. Share this information with your premises liability attorney.
Allow a Reasonable Amount of Time for Repairs
Most states require that the tenant allow a reasonable amount of time to pass, giving the landlord enough time to fix the problem before a tenant can file a lawsuit. If the landlord ignores requests, legal action may be justified.
Notify the Landlord in Writing
Most states require that the tenant make a formal written complaint to the landlord before they file a lawsuit for damages. Keep records of emails or letters that you sent to the landlord informing them of the dangerous condition. This can be valuable down the line when you choose to file a lawsuit against your landlord.
Contact the Housing Authority
Some city or state housing authorities will fine a landlord who fails or refuses to make repairs to unsafe rental units. Financial loss to the landlord might encourage them to make the necessary repairs to your unit. Consider contacting the housing authority before you file a lawsuit.
Consider Withholding Your Rent
If allowed by state law, you can consider withholding your rent payments until the landlord fixes the unsafe condition. Some states let tenants deduct the cost of making a repair from the rent if the tenant chooses to fix the problem themselves. Consult an attorney before making this drastic step.
Consult an Attorney
The most important thing that you can do after encountering a safety issue in your rental unit is to discuss the problem with a premises liability attorney. A premises liability lawyer will review the circumstances and help you understand whether you have a case. Before making the decision to sue, consult with an experienced attorney.
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Potential Claims That Can Be Asserted Against a Landlord
Tenants may have several legal claims against a landlord if they incur damages due to hazardous conditions on the landlord’s property. Below are some of the legal claims that tenants may assert against landlords:
Negligence
A tenant might have a legal claim for negligence against the landlord. The tenant must prove that the landlord knows, or should have known, of the dangerous condition and failed to fix it within a reasonable amount of time, leading to their injury or loss.
Breach of Contract
A lease is a legally binding contract. The landlord has certain implied obligations under the lease agreement. The tenant might have a breach of contract claim if the evidence shows that the landlord failed to meet one of their implied or explicit contractual obligations to the tenant.
Premises Liability
Under premises liability law, property owners (landlords) must keep their property safe from conditions that would put their tenants at risk of harm. If the landlord’s failure to maintain the property led to an injury, the tenant might have a legal claim.
Breach of the Implied Warranty of Habitability
If the home becomes unlivable due to neglect, the landlord might face legal liability for damages to the tenant.
Other possible legal actions that a tenant can take against their landlords to assert their legal rights can include:
Retaliatory Eviction
Retaliatory eviction happens when a landlord terminates the tenant’s lease and starts the eviction process against the tenant. This practice is illegal. If your landlord tried to evict you in retaliation for informing the housing authority about their failure to fix a hazardous condition, then you might have a legal right to recover damages from the landlord for retaliatory eviction. Talk to an attorney for further guidance.
Constructive Eviction
Constructive eviction occurs when the condition of the rental unit is poor enough that the tenant must leave to protect their health and safety. In this situation, the tenant was not formally evicted, but the landlord’s negligence resulted in an effective eviction. If a tenant experiences constructive eviction, they can terminate the lease without legal or financial penalties and may sue for relocation expenses.
What Compensation Is Available After Landlord Neglect?
The damages that are available for tenants when the landlord fails to properly maintain their property depend on the specific circumstances and the losses the tenant sustained. Examples of the damages or losses a tenant can recover from a lawsuit against their landlord can include:
Economic Damages
A tenant can recover their economic damages from a negligent landlord. Economic damages can include the tangible losses that tenants suffer. Some examples can include:
- Relocation costs in cases of constructive eviction
- Rent payments in cases of retaliatory eviction
- Compensation for repairs
- Compensation for lost income if the tenant was unable to work due to injuries
- Medical expenses for injuries caused by unsafe conditions
Non-economic Damages
A tenant can recover for non-economic damages if they suffer intangible losses related to the landlord’s neglect. For example, the stress from the situation might cause the tenant to suffer emotional anguish. The tenant might be entitled to recover for the pain and suffering associated with injuries sustained from the landlord’s neglect of their rental unit.
Discuss the losses that you have sustained with an experienced premises liability lawyer. Make sure to fully inform your attorney about the extent of your losses to ensure that you are fully compensated for the losses you sustained because of the actions of your landlord.
How Can I Strengthen My Landlord-Tenant Case?
There are ways for a tenant to strengthen their case against their landlord. Working with an attorney is the best way to present a strong compensation case. Here are some steps that you can take to put yourself in the best position to get the full and fair compensation that you deserve.
Keep a Record of All Communication
Not only should you ensure that you inform your landlord of the condition in writing, but you should keep records of every letter, email, or message that you sent to your lawyer and their response, if applicable. This will help you prove that the landlord was aware of the condition.
Save Repair Receipts
If you choose to take the repair into your own hands, keep records of the cost of repair. Share receipts with your attorney to ensure that you are compensated for the cost of repair.
Witness Statements
Getting witnesses to the dangerous condition can help you prove that the condition existed when you claimed it and that the landlord knew of the condition.
Contact an Attorney Today!
Tenants may have the right to sue their landlord if an injury is caused by a failure to address a hazardous condition on the property. It is advisable for tenants to consult with an attorney to understand their rights. Legal action can also promote accountability among landlords. Consider contacting a personal injury lawyer for guidance.