Question: are landlords liable if someone breaks in a hurts tenant

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
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Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 Medical bills
Lost earnings
Pain and suffering
Disability or disfigurement
Emotional distress
Personal property damage — e.g., things that have been damaged as a result of the landlord's negligence. Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit? Generally, no. Landlords are only responsible for the maintenance of common areas, warning of hidden dangers that they know about, and making safe furnished dwellings on short term leases. What happens inside a renter's home is their responsibility. The only exception would be where a landlord's faulty repair or workmanship caused the injury. Then the landlord may be liable for the defect. What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries? The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven't done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw

Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution

Medical bills
Lost earnings
Pain and suffering
Disability or disfigurement
Emotional distress
Personal property damage — e.g., things that have been damaged as a result of the landlord's negligence. Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit? Generally, no. Landlords are only responsible for the maintenance of common areas, warning of hidden dangers that they know about, and making safe furnished dwellings on short term leases. What happens inside a renter's home is their responsibility. The only exception would be where a landlord's faulty repair or workmanship caused the injury. Then the landlord may be liable for the defect. What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries? The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven't done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in.

Why Landlords are Liable for the Personal Injuries of Tenants Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
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Why Landlords are Liable for the Personal Injuries of Tenants
Written on December 4, 2013 by Guest Author, updated on June 7, 2014
Unfortunately Yes, a Landlord can be liable for the personal injury of tenants. But there are conditions. When renting out your property, you need to make sure that you’re providing the safest and most secure environment possible for your tenants to live in. Liability 101
Generally, you can be held legally responsible for injuries from dangerous or unmaintained conditions in which you didn’t inform your tenant about and that aren’t blatantly obvious. If the tenant has reported any dangerous conditions (even if they are self-inflicted), and you have not made any attempts to remedy them, you can (and probably will) be held liable. What Exactly Could I Be Held Liable For? According to Every Landlord’s Legal Guide by Nolo: A tenant can file a personal injury lawsuit or claim against the landlord’s insurance company for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. A tenant can also sue for damage to personal property, such as a stereo or car, that results from faulty maintenance or unsafe conditions. There are a lot of safety factors that you can be held liable for when renting out a unit to a tenant:

Why Landlords are Liable for the Personal Injuries of Tenants

Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
Topics:

Landlord Liability in Tenant Injuries | eLocal Landlord Liability in Tenant Injuries
Landlord Liability in Tenant Injuries
Why We’re Asking:
 If a tenant is injured on the property owned by the landlord, is the landlord held liable? What if the injury occurs inside the property? What type of damages is a landlord required to cover? Is there ever a situation where a personal injury lawyer should handle a case involving an injury on a rental property? We’re excited to hear back from our legal professionals. Check back later in the week to see what advice they have to give about rental property liability! Post your answers in the comment field below!

Landlord Liability in Tenant Injuries | eLocal

Landlord Liability in Tenant Injuries
Landlord Liability in Tenant Injuries
Why We’re Asking:

If a tenant is injured on the property owned by the landlord, is the landlord held liable? What if the injury occurs inside the property? What type of damages is a landlord required to cover? Is there ever a situation where a personal injury lawyer should handle a case involving an injury on a rental property? We’re excited to hear back from our legal professionals. Check back later in the week to see what advice they have to give about rental property liability! Post your answers in the comment field below!

Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist Is a landlord liable if a tenant or visitor is injured on the rental property?
Is a landlord liable if a tenant or visitor is injured on the rental property?
Ask an Attorney
 Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist
Is a landlord liable if a tenant or visitor is injured on the rental property? Advertisement
Is a landlord liable if a tenant or visitor is injured on the rental property? A landlord may be liable to the tenant--or others-for injuries caused by dangerous or defective conditions 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 injured person 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 got hurt somewhere else and is attempting to pin the blame on the landlord), and
the tenant 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, disfigurement, and emotional distress.

Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist

Is a landlord liable if a tenant or visitor is injured on the rental property?
Is a landlord liable if a tenant or visitor is injured on the rental property?
Ask an Attorney

Landlord Liability in Tenant Injuries | eLocal Landlord Liability in Tenant Injuries
Landlord Liability in Tenant Injuries
Why We’re Asking:
 Landlord Liability in Tenant Injuries | eLocal
Legal Resource Network
Landlord Liability in Tenant Injuries
By
elocalusa
-
January 21, 2013
10
762
The landlord-tenant relationship is simple enough, but it carries with it immense responsibility for both parties. What happens if a tenant suffers respiratory illness from mold in the home they are renting? Most likely they will sue the property owner. With a measurable increase in lawsuits, liability is a huge concern for landlords. Therefore, landlords face immense pressure to comply with any housing issues that could attract legal action. We are wondering how a landlord can keep their property safe and protect themselves from petty lawsuits. At the same time, if a tenant is hurt by negligence of the landlord, we also want to know how they should proceed to receive the damages owed to them. Lawsuits have become a common reality in today’s culture, and we want to know how tenants and landlords can be prepared when an injury occurs on a rental property. Why We’re Asking: If you own your home, in most cases, you are responsible for any dangerous features on the property.

Landlord Liability in Tenant Injuries | eLocal
Legal Resource Network
Landlord Liability in Tenant Injuries
By
elocalusa
-
January 21, 2013
10
762
The landlord-tenant relationship is simple enough, but it carries with it immense responsibility for both parties. What happens if a tenant suffers respiratory illness from mold in the home they are renting? Most likely they will sue the property owner. With a measurable increase in lawsuits, liability is a huge concern for landlords. Therefore, landlords face immense pressure to comply with any housing issues that could attract legal action. We are wondering how a landlord can keep their property safe and protect themselves from petty lawsuits. At the same time, if a tenant is hurt by negligence of the landlord, we also want to know how they should proceed to receive the damages owed to them. Lawsuits have become a common reality in today’s culture, and we want to know how tenants and landlords can be prepared when an injury occurs on a rental property. Why We’re Asking: If you own your home, in most cases, you are responsible for any dangerous features on the property.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 Take the example of the broken stairwell, above. Assume the tenant took the front stairwell, stepped on the broken step, injured himself, and that the step had been broken for several months. The tenant could prove: The landlord had the duty to fix, but did not
Fixing the problem wouldn't have been unreasonably expensive — broken steps occur frequently and don't cost much
If the landlord had fixed the condition, the tenant wouldn't have been injured
Falling down and injuring yourself is serious and foreseeable
The failure to fix or warn directly caused the injuries
What Kind of Damages Can a Tenant Receive From a Landlord? If an injury satisfies the above criteria, tenants can sue for: Medical bills
Lost earnings
Pain and suffering
Disability or disfigurement
Emotional distress
Personal property damage — e.g., things that have been damaged as a result of the landlord's negligence. Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit? Generally, no. Landlords are only responsible for the maintenance of common areas, warning of hidden dangers that they know about, and making safe furnished dwellings on short term leases. What happens inside a renter's home is their responsibility.

Take the example of the broken stairwell, above. Assume the tenant took the front stairwell, stepped on the broken step, injured himself, and that the step had been broken for several months. The tenant could prove: The landlord had the duty to fix, but did not
Fixing the problem wouldn't have been unreasonably expensive — broken steps occur frequently and don't cost much
If the landlord had fixed the condition, the tenant wouldn't have been injured
Falling down and injuring yourself is serious and foreseeable
The failure to fix or warn directly caused the injuries
What Kind of Damages Can a Tenant Receive From a Landlord? If an injury satisfies the above criteria, tenants can sue for: Medical bills
Lost earnings
Pain and suffering
Disability or disfigurement
Emotional distress
Personal property damage — e.g., things that have been damaged as a result of the landlord's negligence. Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit? Generally, no. Landlords are only responsible for the maintenance of common areas, warning of hidden dangers that they know about, and making safe furnished dwellings on short term leases. What happens inside a renter's home is their responsibility.

Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist Is a landlord liable if a tenant or visitor is injured on the rental property?
Is a landlord liable if a tenant or visitor is injured on the rental property?
Ask an Attorney
 To do this, the injured person 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 got hurt somewhere else and is attempting to pin the blame on the landlord), and
the tenant 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, disfigurement, and emotional distress. A tenant can also sue for property damage that results from faulty maintenance or unsafe conditions. Ask an Attorney
Feel free to ask a legal questions that you would like answered. Your question will go directly and only to Deskin Law Firm, a professional law corporation. Deskin Law Firm will contact you directly to discuss your situation, usually via telephone, so please provide multiple ways to reach you via phone. Your situation will be kept confidential.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 Injury
Invasion of privacy
Slander
Evictions
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries? Landlords have a duty to: Properly maintain common areas
Warn of hidden dangers which they are (or should be) aware of
Make safe furnished dwellings on short term leases
A landlord is only liable for the injuries of renters and visitors in circumstances where the landlord's negligence has caused the injuries in the above cases. Additionally, this negligence must be the direct cause of the injury. For example, let's say there is a broken step on the front stairwell of your apartment, so you use a properly functioning back stairwell that is well lit. You fall and injure yourself. The landlord's negligence may not be deemed to be the direct cause of your injuries and the landlord might not be liable for damages. It's a much clearer case if you injure yourself while trying to use the broken front stairwell. For landlord liability to attach, the following must be proven: Thank you for subscribing!

Injury
Invasion of privacy
Slander
Evictions
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries? Landlords have a duty to: Properly maintain common areas
Warn of hidden dangers which they are (or should be) aware of
Make safe furnished dwellings on short term leases
A landlord is only liable for the injuries of renters and visitors in circumstances where the landlord's negligence has caused the injuries in the above cases. Additionally, this negligence must be the direct cause of the injury. For example, let's say there is a broken step on the front stairwell of your apartment, so you use a properly functioning back stairwell that is well lit. You fall and injure yourself. The landlord's negligence may not be deemed to be the direct cause of your injuries and the landlord might not be liable for damages. It's a much clearer case if you injure yourself while trying to use the broken front stairwell. For landlord liability to attach, the following must be proven: Thank you for subscribing!

Landlord Liability in Tenant Injuries | eLocal Landlord Liability in Tenant Injuries
Landlord Liability in Tenant Injuries
Why We’re Asking:
 Unless you have contracted someone to do work and that work was done incorrectly, you have no one to blame but yourself if your well-being is compromised because of your home’s condition. In a rental situation, that’s not necessarily true. To find out how both parties can protect themselves and work together to make sure home conditions are safe, we’re turning to our panel of legal professionals. It’s time to weigh in. If a tenant sustains injury on the property, is there insurance available to protect the landlord? If a tenant is injured on the property owned by the landlord, is the landlord held liable? What if the injury occurs inside the property? What type of damages is a landlord required to cover? Is there ever a situation where a personal injury lawyer should handle a case involving an injury on a rental property? We’re excited to hear back from our legal professionals.

Unless you have contracted someone to do work and that work was done incorrectly, you have no one to blame but yourself if your well-being is compromised because of your home’s condition. In a rental situation, that’s not necessarily true. To find out how both parties can protect themselves and work together to make sure home conditions are safe, we’re turning to our panel of legal professionals. It’s time to weigh in. If a tenant sustains injury on the property, is there insurance available to protect the landlord? If a tenant is injured on the property owned by the landlord, is the landlord held liable? What if the injury occurs inside the property? What type of damages is a landlord required to cover? Is there ever a situation where a personal injury lawyer should handle a case involving an injury on a rental property? We’re excited to hear back from our legal professionals.

Why Landlords are Liable for the Personal Injuries of Tenants Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
Topics:
 What Exactly Could I Be Held Liable For? According to Every Landlord’s Legal Guide by Nolo: A tenant can file a personal injury lawsuit or claim against the landlord’s insurance company for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. A tenant can also sue for damage to personal property, such as a stereo or car, that results from faulty maintenance or unsafe conditions. There are a lot of safety factors that you can be held liable for when renting out a unit to a tenant: Not fixing a dangerous condition in a timely manner
Fixing a dangerous condition, but doing so in a careless manner
Not bringing a dangerous condition to the attention of the tenant
Violating safety laws
For example, if you own an apartment complex that has a pool with no fence, you could be held liable in the case that a child drowned in the pool. Or, if you allow your tenants to have dogs and one dog escapes and attacks another tenant, you could technically be held responsible. In short, any circumstance that you knew about that could cause harm to any one of your tenants could be a reason that you would be found potentially liable. Preventing Personal Injuries of Tenants
As a landlord, you must take steps to reduce the risk of injury to your tenant. The following suggestions are a great place to start.

What Exactly Could I Be Held Liable For? According to Every Landlord’s Legal Guide by Nolo: A tenant can file a personal injury lawsuit or claim against the landlord’s insurance company for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. A tenant can also sue for damage to personal property, such as a stereo or car, that results from faulty maintenance or unsafe conditions. There are a lot of safety factors that you can be held liable for when renting out a unit to a tenant: Not fixing a dangerous condition in a timely manner
Fixing a dangerous condition, but doing so in a careless manner
Not bringing a dangerous condition to the attention of the tenant
Violating safety laws
For example, if you own an apartment complex that has a pool with no fence, you could be held liable in the case that a child drowned in the pool. Or, if you allow your tenants to have dogs and one dog escapes and attacks another tenant, you could technically be held responsible. In short, any circumstance that you knew about that could cause harm to any one of your tenants could be a reason that you would be found potentially liable. Preventing Personal Injuries of Tenants
As a landlord, you must take steps to reduce the risk of injury to your tenant. The following suggestions are a great place to start.

Why Landlords are Liable for the Personal Injuries of Tenants Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
Topics:
 Not fixing a dangerous condition in a timely manner
Fixing a dangerous condition, but doing so in a careless manner
Not bringing a dangerous condition to the attention of the tenant
Violating safety laws
For example, if you own an apartment complex that has a pool with no fence, you could be held liable in the case that a child drowned in the pool. Or, if you allow your tenants to have dogs and one dog escapes and attacks another tenant, you could technically be held responsible. In short, any circumstance that you knew about that could cause harm to any one of your tenants could be a reason that you would be found potentially liable. Preventing Personal Injuries of Tenants
As a landlord, you must take steps to reduce the risk of injury to your tenant. The following suggestions are a great place to start. Regularly inspect the rental unit to make sure it is compliant with health and safety regulations and free from potentials hazards. This includes things like adequate water pressure, property sewer and gutter drainage. Fixing dangerous conditions reported by the tenants within a reasonable time period. Keep your tenants safe in all facets of your rental unit. This includes taking precautions to prevent problems that could affect a tenant’s health or safety in the future.

Not fixing a dangerous condition in a timely manner
Fixing a dangerous condition, but doing so in a careless manner
Not bringing a dangerous condition to the attention of the tenant
Violating safety laws
For example, if you own an apartment complex that has a pool with no fence, you could be held liable in the case that a child drowned in the pool. Or, if you allow your tenants to have dogs and one dog escapes and attacks another tenant, you could technically be held responsible. In short, any circumstance that you knew about that could cause harm to any one of your tenants could be a reason that you would be found potentially liable. Preventing Personal Injuries of Tenants
As a landlord, you must take steps to reduce the risk of injury to your tenant. The following suggestions are a great place to start. Regularly inspect the rental unit to make sure it is compliant with health and safety regulations and free from potentials hazards. This includes things like adequate water pressure, property sewer and gutter drainage. Fixing dangerous conditions reported by the tenants within a reasonable time period. Keep your tenants safe in all facets of your rental unit. This includes taking precautions to prevent problems that could affect a tenant’s health or safety in the future.

Landlord Liability in Tenant Injuries | eLocal Landlord Liability in Tenant Injuries
Landlord Liability in Tenant Injuries
Why We’re Asking:
 We are wondering how a landlord can keep their property safe and protect themselves from petty lawsuits. At the same time, if a tenant is hurt by negligence of the landlord, we also want to know how they should proceed to receive the damages owed to them. Lawsuits have become a common reality in today’s culture, and we want to know how tenants and landlords can be prepared when an injury occurs on a rental property. Why We’re Asking: If you own your home, in most cases, you are responsible for any dangerous features on the property. Unless you have contracted someone to do work and that work was done incorrectly, you have no one to blame but yourself if your well-being is compromised because of your home’s condition. In a rental situation, that’s not necessarily true. To find out how both parties can protect themselves and work together to make sure home conditions are safe, we’re turning to our panel of legal professionals. It’s time to weigh in. If a tenant sustains injury on the property, is there insurance available to protect the landlord?

We are wondering how a landlord can keep their property safe and protect themselves from petty lawsuits. At the same time, if a tenant is hurt by negligence of the landlord, we also want to know how they should proceed to receive the damages owed to them. Lawsuits have become a common reality in today’s culture, and we want to know how tenants and landlords can be prepared when an injury occurs on a rental property. Why We’re Asking: If you own your home, in most cases, you are responsible for any dangerous features on the property. Unless you have contracted someone to do work and that work was done incorrectly, you have no one to blame but yourself if your well-being is compromised because of your home’s condition. In a rental situation, that’s not necessarily true. To find out how both parties can protect themselves and work together to make sure home conditions are safe, we’re turning to our panel of legal professionals. It’s time to weigh in. If a tenant sustains injury on the property, is there insurance available to protect the landlord?

Why Landlords are Liable for the Personal Injuries of Tenants Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
Topics:
 Does “Negligence” Apply to Me? Currently, the law of negligence means that you’re responsible to protect your tenant from foreseeable third-party criminal assaults. For example, if a tenant is raped on the apartment complex’s grounds, can he or she sue you? If you had a similar incident happen in the past but didn’t inform him or her, he or she can definitely pursue a case against you. You’ll want to take the necessary security precautions such as warning your tenants about the past incident to ensure vigilance, changing the locks, or installing security cameras around your property. In Texas, a landlord must rekey a unit between tenancies ( Title 8, Chapter 92.156)
Whatever the case, your tenant will have to prove that his or her injuries were a direct result from your negligence and that more security precautions could have prevented the third party criminal assault. Build a List of Lawyers
Even if you’re not currently being sued, it is a smart idea to build a connection with a few different types of lawyers (i.e. real estate, personal injury, landlord-tenant) just incase you ever need them. photo credit: Steven Burke via cc
Topics: Leases & Legal, Maintenance & Renovations, Property Management
All guest articles are written by knowledgeable and experienced industry partners, in collaboration with Landlordology.

Does “Negligence” Apply to Me? Currently, the law of negligence means that you’re responsible to protect your tenant from foreseeable third-party criminal assaults. For example, if a tenant is raped on the apartment complex’s grounds, can he or she sue you? If you had a similar incident happen in the past but didn’t inform him or her, he or she can definitely pursue a case against you. You’ll want to take the necessary security precautions such as warning your tenants about the past incident to ensure vigilance, changing the locks, or installing security cameras around your property. In Texas, a landlord must rekey a unit between tenancies ( Title 8, Chapter 92.156)
Whatever the case, your tenant will have to prove that his or her injuries were a direct result from your negligence and that more security precautions could have prevented the third party criminal assault. Build a List of Lawyers
Even if you’re not currently being sued, it is a smart idea to build a connection with a few different types of lawyers (i.e. real estate, personal injury, landlord-tenant) just incase you ever need them. photo credit: Steven Burke via cc
Topics: Leases & Legal, Maintenance & Renovations, Property Management
All guest articles are written by knowledgeable and experienced industry partners, in collaboration with Landlordology.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
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What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 Are landlord insurance policies available? Is a landlord liable for injuries to visitors? What kind of damages can a tenant receive? Are landlords liable for injuries that occur inside a rental unit? What is the best way for a landlord to minimize lawsuits? In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords? Yes. Just as there are insurance policies that pay landlords for damage or loss due to fire, flooding, earthquakes, and burglary, there are landlord insurance policies that can be purchased to cover damages from tenant injuries. While they are not cheap, comprehensive general liability policies are often necessary. This is particularly true for owners of multiple unit properties.

Are landlord insurance policies available? Is a landlord liable for injuries to visitors? What kind of damages can a tenant receive? Are landlords liable for injuries that occur inside a rental unit? What is the best way for a landlord to minimize lawsuits? In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords? Yes. Just as there are insurance policies that pay landlords for damage or loss due to fire, flooding, earthquakes, and burglary, there are landlord insurance policies that can be purchased to cover damages from tenant injuries. While they are not cheap, comprehensive general liability policies are often necessary. This is particularly true for owners of multiple unit properties.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
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Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question. In a personal injury lawsuit, the court will evaluate the following factors to determine if a landlord was negligent. Control over dangerous condition. In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable. Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug. Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries (for example, direct tenants to use an alternate staircase pending repairs). However, landlords won’t be held responsible for freak accidents.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw

When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts

An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question. In a personal injury lawsuit, the court will evaluate the following factors to determine if a landlord was negligent. Control over dangerous condition. In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable. Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug. Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries (for example, direct tenants to use an alternate staircase pending repairs). However, landlords won’t be held responsible for freak accidents.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
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Landlords are not automatically liable for all injuries tenants suffer at their rentals. In general, landlords are responsible for tenants’ injuries only when the landlord’s action (or inaction) was careless and caused or contributed to the injury. ( Sometimes landlords are also liable for injuries to guests or other people visiting the rental.) When a Landlord is Negligent
Under the legal concept of negligence, when a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable to the tenant—even if the landlord didn’t intend any harm. An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question. In a personal injury lawsuit, the court will evaluate the following factors to determine if a landlord was negligent. Control over dangerous condition. In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable.

Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, IB Privacy Policy and Cookie Policy. Do Not Sell My Personal Information
7031 Koll Center Pkwy, Pleasanton, CA 94566
release/path.2.82:2021-05-06_14-56-10
Landlords are not automatically liable for all injuries tenants suffer at their rentals. In general, landlords are responsible for tenants’ injuries only when the landlord’s action (or inaction) was careless and caused or contributed to the injury. ( Sometimes landlords are also liable for injuries to guests or other people visiting the rental.) When a Landlord is Negligent
Under the legal concept of negligence, when a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable to the tenant—even if the landlord didn’t intend any harm. An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question. In a personal injury lawsuit, the court will evaluate the following factors to determine if a landlord was negligent. Control over dangerous condition. In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable.

Why Landlords are Liable for the Personal Injuries of Tenants Why Landlords are Liable for the Personal Injuries of Tenants
Why Landlords are Liable for the Personal Injuries of Tenants
Liability 101
What Exactly Could I Be Held Liable For?
Preventing Personal Injuries of Tenants
Does “Negligence” Apply to Me?
Build a List of Lawyers
Topics:
 In Texas, a landlord must rekey a unit between tenancies ( Title 8, Chapter 92.156)
Whatever the case, your tenant will have to prove that his or her injuries were a direct result from your negligence and that more security precautions could have prevented the third party criminal assault. Build a List of Lawyers
Even if you’re not currently being sued, it is a smart idea to build a connection with a few different types of lawyers (i.e. real estate, personal injury, landlord-tenant) just incase you ever need them. photo credit: Steven Burke via cc
Topics: Leases & Legal, Maintenance & Renovations, Property Management
All guest articles are written by knowledgeable and experienced industry partners, in collaboration with Landlordology. Each article is vetted and reviewed for accuracy and applicability. If you'd like to write for Landlordology, contact us and pitch us your idea.

In Texas, a landlord must rekey a unit between tenancies ( Title 8, Chapter 92.156)
Whatever the case, your tenant will have to prove that his or her injuries were a direct result from your negligence and that more security precautions could have prevented the third party criminal assault. Build a List of Lawyers
Even if you’re not currently being sued, it is a smart idea to build a connection with a few different types of lawyers (i.e. real estate, personal injury, landlord-tenant) just incase you ever need them. photo credit: Steven Burke via cc
Topics: Leases & Legal, Maintenance & Renovations, Property Management
All guest articles are written by knowledgeable and experienced industry partners, in collaboration with Landlordology. Each article is vetted and reviewed for accuracy and applicability. If you'd like to write for Landlordology, contact us and pitch us your idea.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 Because children are less able to appreciate risks and avoid danger, the law requires landlords to actively watch for real and potential dangers on the rental premises and take measures to protect children from those dangers. In some states, landlords must also take safety measures that account for the fact that children—even those who aren’t tenants—have a tendency to “trespass” and gravitate toward certain attractive features. For example, landlords with pools or playgrounds on their premises should anticipate that non-tenant children might sneak in to use these areas, and should take measures to protect both tenant- and non-tenant-minors alike. Of course, landlords can’t foresee all possible dangers; whether a landlord is liable for a minor’s injuries will depend on the facts of the case and whether a competent landlord would’ve anticipated the possibility of a child being harmed. Actual cause of injury. Tenants must demonstrate that their injuries resulted from the landlord’s carelessness, not some other reason. Sometimes, the link between the landlord’s actions and the injury is obvious, such as when a perfectly healthy tenant slips and breaks her leg on a freshly waxed floor. Other times, the connection isn’t so clear, such as when a soccer player returning to his rental from a rough game stumbles slightly on a broken stair and claims the landlord’s failure to fix the step caused his sprained ankle. The landlord might argue that the rough soccer game was the proximate cause of the tenant’s sprain, even though the tenant claims it was the step.

Because children are less able to appreciate risks and avoid danger, the law requires landlords to actively watch for real and potential dangers on the rental premises and take measures to protect children from those dangers. In some states, landlords must also take safety measures that account for the fact that children—even those who aren’t tenants—have a tendency to “trespass” and gravitate toward certain attractive features. For example, landlords with pools or playgrounds on their premises should anticipate that non-tenant children might sneak in to use these areas, and should take measures to protect both tenant- and non-tenant-minors alike. Of course, landlords can’t foresee all possible dangers; whether a landlord is liable for a minor’s injuries will depend on the facts of the case and whether a competent landlord would’ve anticipated the possibility of a child being harmed. Actual cause of injury. Tenants must demonstrate that their injuries resulted from the landlord’s carelessness, not some other reason. Sometimes, the link between the landlord’s actions and the injury is obvious, such as when a perfectly healthy tenant slips and breaks her leg on a freshly waxed floor. Other times, the connection isn’t so clear, such as when a soccer player returning to his rental from a rough game stumbles slightly on a broken stair and claims the landlord’s failure to fix the step caused his sprained ankle. The landlord might argue that the rough soccer game was the proximate cause of the tenant’s sprain, even though the tenant claims it was the step.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 These insurance policies cover financial damages resulting from defective property conditions. They also provide attorneys to defend you in lawsuits brought by renters. Like any insurance policy, you will want a policy large enough to at least cover the value of your property, as well as liability insurance for vehicles used by the business. When searching for insurance, an agent will inform you of different coverage packages. You should make sure to explore policies that cover common claims brought by tenants, including claims involving: Injury
Invasion of privacy
Slander
Evictions
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries? Landlords have a duty to: Properly maintain common areas
Warn of hidden dangers which they are (or should be) aware of
Make safe furnished dwellings on short term leases
A landlord is only liable for the injuries of renters and visitors in circumstances where the landlord's negligence has caused the injuries in the above cases. Additionally, this negligence must be the direct cause of the injury. For example, let's say there is a broken step on the front stairwell of your apartment, so you use a properly functioning back stairwell that is well lit.

These insurance policies cover financial damages resulting from defective property conditions. They also provide attorneys to defend you in lawsuits brought by renters. Like any insurance policy, you will want a policy large enough to at least cover the value of your property, as well as liability insurance for vehicles used by the business. When searching for insurance, an agent will inform you of different coverage packages. You should make sure to explore policies that cover common claims brought by tenants, including claims involving: Injury
Invasion of privacy
Slander
Evictions
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries? Landlords have a duty to: Properly maintain common areas
Warn of hidden dangers which they are (or should be) aware of
Make safe furnished dwellings on short term leases
A landlord is only liable for the injuries of renters and visitors in circumstances where the landlord's negligence has caused the injuries in the above cases. Additionally, this negligence must be the direct cause of the injury. For example, let's say there is a broken step on the front stairwell of your apartment, so you use a properly functioning back stairwell that is well lit.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 Actual cause of injury. Tenants must demonstrate that their injuries resulted from the landlord’s carelessness, not some other reason. Sometimes, the link between the landlord’s actions and the injury is obvious, such as when a perfectly healthy tenant slips and breaks her leg on a freshly waxed floor. Other times, the connection isn’t so clear, such as when a soccer player returning to his rental from a rough game stumbles slightly on a broken stair and claims the landlord’s failure to fix the step caused his sprained ankle. The landlord might argue that the rough soccer game was the proximate cause of the tenant’s sprain, even though the tenant claims it was the step. Comparative and Contr

Actual cause of injury. Tenants must demonstrate that their injuries resulted from the landlord’s carelessness, not some other reason. Sometimes, the link between the landlord’s actions and the injury is obvious, such as when a perfectly healthy tenant slips and breaks her leg on a freshly waxed floor. Other times, the connection isn’t so clear, such as when a soccer player returning to his rental from a rough game stumbles slightly on a broken stair and claims the landlord’s failure to fix the step caused his sprained ankle. The landlord might argue that the rough soccer game was the proximate cause of the tenant’s sprain, even though the tenant claims it was the step. Comparative and Contr

Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist Is a landlord liable if a tenant or visitor is injured on the rental property?
Is a landlord liable if a tenant or visitor is injured on the rental property?
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There is no cost to discuss your situation and no attorney-client relationship is created by simply filling out the form and sending it. Your name: * Please type your first and last name. Your phone number: * Please type your area code and phone number. Your secondary phone number: To most effectively be able to reach you, please type another phone number where we may be able to reach you. Message: * Your City and State: * Please type the city and state (and country if outside the USA) that you live in.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 Rather, landlords should exercise reasonable care to prevent tenant injuries (except when dealing with tenants who are minors—see sidebar). Reasonable care is the amount of care an average, competent landlord would use when faced with similar circumstances. For example, a landlord who ignores a broken step for months is likely not taking reasonable measures to prevent injury to tenants. However, a landlord who routinely checks staircases and hasn’t seen or been notified of the broken step might successfully argue that his inspection met his duty of keeping the staircases safe. Landlords’ Duty of Care When Dealing With Minor Tenants
In most cases, landlords owe tenants who are children a duty that goes beyond "reasonable care." Because children are less able to appreciate risks and avoid danger, the law requires landlords to actively watch for real and potential dangers on the rental premises and take measures to protect children from those dangers. In some states, landlords must also take safety measures that account for the fact that children—even those who aren’t tenants—have a tendency to “trespass” and gravitate toward certain attractive features. For example, landlords with pools or playgrounds on their premises should anticipate that non-tenant children might sneak in to use these areas, and should take measures to protect both tenant- and non-tenant-minors alike. Of course, landlords can’t foresee all possible dangers; whether a landlord is liable for a minor’s injuries will depend on the facts of the case and whether a competent landlord would’ve anticipated the possibility of a child being harmed.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 The only exception would be where a landlord's faulty repair or workmanship caused the injury. Then the landlord may be liable for the defect. What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries? The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven't done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in. Go through the checklist on a regular basis and document the date and time each time you do so. No matter where problems may arise, either in common areas or tenant units, you should encourage tenants and employees to report any security or safety issues immediately. Keeping your own written record of all reports and when and how the problems were resolved. In addition, landlords should also clearly assign responsibilities for repair and maintenance in the lease or rental agreement. While major duties such as the safety of common areas cannot be passed off, a clear description of procedures to follow in the event that repairs are necessary can be helpful in avoiding lawsuits.

The only exception would be where a landlord's faulty repair or workmanship caused the injury. Then the landlord may be liable for the defect. What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries? The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven't done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in. Go through the checklist on a regular basis and document the date and time each time you do so. No matter where problems may arise, either in common areas or tenant units, you should encourage tenants and employees to report any security or safety issues immediately. Keeping your own written record of all reports and when and how the problems were resolved. In addition, landlords should also clearly assign responsibilities for repair and maintenance in the lease or rental agreement. While major duties such as the safety of common areas cannot be passed off, a clear description of procedures to follow in the event that repairs are necessary can be helpful in avoiding lawsuits.

Liability for Tenant Injuries and Insurance for Landlords - FindLaw Liability for Tenant Injuries and Insurance for Landlords
Liability for Tenant Injuries and Insurance for Landlords
In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords?
If a Tenant or Visitor Is Injured on Property Owned by a Landlord, Is the Landlord Liable for the Injuries?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
What Kind of Damages Can a Tenant Receive From a Landlord?
Are Landlords Liable for Injuries to Tenants and Visitors That Occur Inside of a Rental Unit?
What Is the Best Way for a Landlord to Minimize Lawsuits From Tenant Injuries?
Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Next Steps
Help Me Find a Do-It-Yourself Solution
 In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords? Yes. Just as there are insurance policies that pay landlords for damage or loss due to fire, flooding, earthquakes, and burglary, there are landlord insurance policies that can be purchased to cover damages from tenant injuries. While they are not cheap, comprehensive general liability policies are often necessary. This is particularly true for owners of multiple unit properties. These insurance policies cover financial damages resulting from defective property conditions. They also provide attorneys to defend you in lawsuits brought by renters. Like any insurance policy, you will want a policy large enough to at least cover the value of your property, as well as liability insurance for vehicles used by the business. When searching for insurance, an agent will inform you of different coverage packages. You should make sure to explore policies that cover common claims brought by tenants, including claims involving:

In the Event a Tenant Sues for Injuries Suffered on the Property, Are There Insurance Policies Which Cover Landlords? Yes. Just as there are insurance policies that pay landlords for damage or loss due to fire, flooding, earthquakes, and burglary, there are landlord insurance policies that can be purchased to cover damages from tenant injuries. While they are not cheap, comprehensive general liability policies are often necessary. This is particularly true for owners of multiple unit properties. These insurance policies cover financial damages resulting from defective property conditions. They also provide attorneys to defend you in lawsuits brought by renters. Like any insurance policy, you will want a policy large enough to at least cover the value of your property, as well as liability insurance for vehicles used by the business. When searching for insurance, an agent will inform you of different coverage packages. You should make sure to explore policies that cover common claims brought by tenants, including claims involving:

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 Likelihood of serious injury. When there’s a great risk of serious injury, it’s likely that a court would require a landlord to fix the situation as soon as possible, no matter the difficulty of the repair. For example, a raised deck with rotten support beams must be removed, replaced, or at least marked “off limits”—regardless of the cost—because the rot creates a high likelihood of collapse that could lead to catastrophic injuries. Failure to take reasonable steps to prevent accident. The law doesn’t require landlords to take drastic measures to protect tenants from every condition that possibly poses a risk. Rather, landlords should exercise reasonable care to prevent tenant injuries (except when dealing with tenants who are minors—see sidebar). Reasonable care is the amount of care an average, competent landlord would use when faced with similar circumstances. For example, a landlord who ignores a broken step for months is likely not taking reasonable measures to prevent injury to tenants. However, a landlord who routinely checks staircases and hasn’t seen or been notified of the broken step might successfully argue that his inspection met his duty of keeping the staircases safe. Landlords’ Duty of Care When Dealing With Minor Tenants
In most cases, landlords owe tenants who are children a duty that goes beyond "reasonable care."

Likelihood of serious injury. When there’s a great risk of serious injury, it’s likely that a court would require a landlord to fix the situation as soon as possible, no matter the difficulty of the repair. For example, a raised deck with rotten support beams must be removed, replaced, or at least marked “off limits”—regardless of the cost—because the rot creates a high likelihood of collapse that could lead to catastrophic injuries. Failure to take reasonable steps to prevent accident. The law doesn’t require landlords to take drastic measures to protect tenants from every condition that possibly poses a risk. Rather, landlords should exercise reasonable care to prevent tenant injuries (except when dealing with tenants who are minors—see sidebar). Reasonable care is the amount of care an average, competent landlord would use when faced with similar circumstances. For example, a landlord who ignores a broken step for months is likely not taking reasonable measures to prevent injury to tenants. However, a landlord who routinely checks staircases and hasn’t seen or been notified of the broken step might successfully argue that his inspection met his duty of keeping the staircases safe. Landlords’ Duty of Care When Dealing With Minor Tenants
In most cases, landlords owe tenants who are children a duty that goes beyond "reasonable care."

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts
 Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug. Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries (for example, direct tenants to use an alternate staircase pending repairs). However, landlords won’t be held responsible for freak accidents. For example, it’s unlikely that disrepair such as peeling wallpaper would cause injury, but if it did, chances are that the landlord won’t be responsible. Cost and feasibility of reducing danger. Courts are likely to hold landlords responsible for tenant injuries when a simple, reasonably priced precaution could’ve eliminated the dangerous condition. For example, painting a bright stripe on an unexpected step up to a patio is a simple measure a landlord could take to prevent a tenant from tripping. A court could find that the landlord was negligent because the risk of harm so greatly outweighed the burden of mitigation.

Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug. Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries (for example, direct tenants to use an alternate staircase pending repairs). However, landlords won’t be held responsible for freak accidents. For example, it’s unlikely that disrepair such as peeling wallpaper would cause injury, but if it did, chances are that the landlord won’t be responsible. Cost and feasibility of reducing danger. Courts are likely to hold landlords responsible for tenant injuries when a simple, reasonably priced precaution could’ve eliminated the dangerous condition. For example, painting a bright stripe on an unexpected step up to a patio is a simple measure a landlord could take to prevent a tenant from tripping. A court could find that the landlord was negligent because the risk of harm so greatly outweighed the burden of mitigation.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
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Landlords are not automatically liable for all injuries tenants suffer at their rentals. In general, landlords are responsible for tenants’ injuries only when the landlord’s action (or inaction) was careless and caused or contributed to the injury. ( Sometimes landlords are also liable for injuries to guests or other people visiting the rental.) When a Landlord is Negligent
Under the legal concept of negligence, when a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable to the tenant—even if the landlord didn’t intend any harm.

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Landlords are not automatically liable for all injuries tenants suffer at their rentals. In general, landlords are responsible for tenants’ injuries only when the landlord’s action (or inaction) was careless and caused or contributed to the injury. ( Sometimes landlords are also liable for injuries to guests or other people visiting the rental.) When a Landlord is Negligent
Under the legal concept of negligence, when a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable to the tenant—even if the landlord didn’t intend any harm.

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 Finally, one day the abusive tenant causes severe injuries to the victimized tenant. Can the landlord be held liable for the injuries? Yes. In one case, the landlord knew of the danger posed by the abusive tenant, and made a promise to the victim to rectify the situation, but did nothing. The court held that the landlord had a duty to evict the abusive tenant and was liable for the victim’s injuries. Landowners are responsible for maintaining their property in a reasonably safe condition. This includes protecting tenants from foreseeable third party criminal assaults. Suppose a tenant is assaulted or raped on the apartment’s grounds by an unidentified criminal. Can the landlord be held liable to the tenant for his or her injuries? The test is one of “foreseeability,” that is, whether the landlord could have reasonably anticipated that a tenant would have been raped, robbed, or assault on the apartment’s grounds.

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Finally, one day the abusive tenant causes severe injuries to the victimized tenant. Can the landlord be held liable for the injuries? Yes. In one case, the landlord knew of the danger posed by the abusive tenant, and made a promise to the victim to rectify the situation, but did nothing. The court held that the landlord had a duty to evict the abusive tenant and was liable for the victim’s injuries. Landowners are responsible for maintaining their property in a reasonably safe condition. This includes protecting tenants from foreseeable third party criminal assaults. Suppose a tenant is assaulted or raped on the apartment’s grounds by an unidentified criminal. Can the landlord be held liable to the tenant for his or her injuries? The test is one of “foreseeability,” that is, whether the landlord could have reasonably anticipated that a tenant would have been raped, robbed, or assault on the apartment’s grounds.

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
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A Landlord Might Be Liable for Criminal Acts
 For example, it’s unlikely that disrepair such as peeling wallpaper would cause injury, but if it did, chances are that the landlord won’t be responsible. Cost and feasibility of reducing danger. Courts are likely to hold landlords responsible for tenant injuries when a simple, reasonably priced precaution could’ve eliminated the dangerous condition. For example, painting a bright stripe on an unexpected step up to a patio is a simple measure a landlord could take to prevent a tenant from tripping. A court could find that the landlord was negligent because the risk of harm so greatly outweighed the burden of mitigation. Likelihood of serious injury. When there’s a great risk of serious injury, it’s likely that a court would require a landlord to fix the situation as soon as possible, no matter the difficulty of the repair. For example, a raised deck with rotten support beams must be removed, replaced, or at least marked “off limits”—regardless of the cost—because the rot creates a high likelihood of collapse that could lead to catastrophic injuries. Failure to take reasonable steps to prevent accident. The law doesn’t require landlords to take drastic measures to protect tenants from every condition that possibly poses a risk.

For example, it’s unlikely that disrepair such as peeling wallpaper would cause injury, but if it did, chances are that the landlord won’t be responsible. Cost and feasibility of reducing danger. Courts are likely to hold landlords responsible for tenant injuries when a simple, reasonably priced precaution could’ve eliminated the dangerous condition. For example, painting a bright stripe on an unexpected step up to a patio is a simple measure a landlord could take to prevent a tenant from tripping. A court could find that the landlord was negligent because the risk of harm so greatly outweighed the burden of mitigation. Likelihood of serious injury. When there’s a great risk of serious injury, it’s likely that a court would require a landlord to fix the situation as soon as possible, no matter the difficulty of the repair. For example, a raised deck with rotten support beams must be removed, replaced, or at least marked “off limits”—regardless of the cost—because the rot creates a high likelihood of collapse that could lead to catastrophic injuries. Failure to take reasonable steps to prevent accident. The law doesn’t require landlords to take drastic measures to protect tenants from every condition that possibly poses a risk.

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Is a landlord liable if a tenant or visitor is injured on the rental property?
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 A tenant can also sue for property damage that results from faulty maintenance or unsafe conditions. Ask an Attorney
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A tenant can also sue for property damage that results from faulty maintenance or unsafe conditions. Ask an Attorney
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 In certain circumstances the landlord can be held liable for injuries to tenants or their guests resulting from altercations with other tenants. A landlord has a duty to keep its tenants reasonably safe from assaults by other tenants. Suppose one tenant physically assaults another tenant several times. The victimized tenant reports the assaults to the managers on at least six occasions. The managers assured her they would take care of the problem, but nothing is ever done. Finally, one day the abusive tenant causes severe injuries to the victimized tenant. Can the landlord be held liable for the injuries? Yes. In one case, the landlord knew of the danger posed by the abusive tenant, and made a promise to the victim to rectify the situation, but did nothing. The court held that the landlord had a duty to evict the abusive tenant and was liable for the victim’s injuries.

In certain circumstances the landlord can be held liable for injuries to tenants or their guests resulting from altercations with other tenants. A landlord has a duty to keep its tenants reasonably safe from assaults by other tenants. Suppose one tenant physically assaults another tenant several times. The victimized tenant reports the assaults to the managers on at least six occasions. The managers assured her they would take care of the problem, but nothing is ever done. Finally, one day the abusive tenant causes severe injuries to the victimized tenant. Can the landlord be held liable for the injuries? Yes. In one case, the landlord knew of the danger posed by the abusive tenant, and made a promise to the victim to rectify the situation, but did nothing. The court held that the landlord had a duty to evict the abusive tenant and was liable for the victim’s injuries.

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As a property owner, a landlord usually has some degree of liability for rental property. However, the primary factor in establishing who is liable for an injury or crime on a rental property is negligence. If someone is injured or a crime is committed on a rental property and the landlord's negligence of the property can be proven as the cause, the landlord can be held liable. Conversely, if someone is injured or damage to the property is caused by proven negligence on the tenant's part, the tenant can be held liable. Landlord Negligence
A landlord can be held legally responsible for injury or crime on their rental property when their negligence can be proven as the cause of the incident. Several conditions must be proven in order to establish landlord negligence. First, it must be proven that it was the landlord's responsibility to maintain the part of the property where an injury was caused. Second, it must be proven that the problem was relatively longstanding and that the landlord did not take appropriate action to remedy the condition when he could have done so without incurring an unreasonable expense. Third, it must be proven that the injury was a genuine result of the landlord's negligence. Landlords are especially likely to be held liable for crime if criminal activity has previously occurred on the premises.

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General Liability for Rental Properties
Landlord Negligence
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Check the Lease Terms
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General Liability for Rental Properties | Home Guides | SF Gate
General Liability for Rental Properties
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Home
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Home Finance
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Renting and Tenant Rights
By M. Farrugia
As a property owner, a landlord usually has some degree of liability for rental property. However, the primary factor in establishing who is liable for an injury or crime on a rental property is negligence. If someone is injured or a crime is committed on a rental property and the landlord's negligence of the property can be proven as the cause, the landlord can be held liable. Conversely, if someone is injured or damage to the property is caused by proven negligence on the tenant's part, the tenant can be held liable. Landlord Negligence
A landlord can be held legally responsible for injury or crime on their rental property when their negligence can be proven as the cause of the incident. Several conditions must be proven in order to establish landlord negligence. First, it must be proven that it was the landlord's responsibility to maintain the part of the property where an injury was caused. Second, it must be proven that the problem was relatively longstanding and that the landlord did not take appropriate action to remedy the condition when he could have done so without incurring an unreasonable expense. Third, it must be proven that the injury was a genuine result of the landlord's negligence. Landlords are especially likely to be held liable for crime if criminal activity has previously occurred on the premises.

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Landlord-tenant laws are different in every state. They also differ in different municipalities. Additionally, you may have duties coming from the lease and rental agreements. We address some common tenant concerns related to liability for tenant injuries below. For the laws specific to your state, see our state-by-state listing. Are landlord insurance policies available? Is a landlord liable for injuries to visitors? What kind of damages can a tenant receive? Are landlords liable for injuries that occur inside a rental unit? What is the best way for a landlord to minimize lawsuits?

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Created by FindLaw's team of legal writers and editors | Last updated March 04, 2020
Landlord-tenant laws are different in every state. They also differ in different municipalities. Additionally, you may have duties coming from the lease and rental agreements. We address some common tenant concerns related to liability for tenant injuries below. For the laws specific to your state, see our state-by-state listing. Are landlord insurance policies available? Is a landlord liable for injuries to visitors? What kind of damages can a tenant receive? Are landlords liable for injuries that occur inside a rental unit? What is the best way for a landlord to minimize lawsuits?

Is a landlord liable if a tenant or visitor is injured on the rental property? | OpenJurist Is a landlord liable if a tenant or visitor is injured on the rental property?
Is a landlord liable if a tenant or visitor is injured on the rental property?
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 Go through the checklist on a regular basis and document the date and time each time you do so. No matter where problems may arise, either in common areas or tenant units, you should encourage tenants and employees to report any security or safety issues immediately. Keeping your own written record of all reports and when and how the problems were resolved. In addition, landlords should also clearly assign responsibilities for repair and maintenance in the lease or rental agreement. While major duties such as the safety of common areas cannot be passed off, a clear description of procedures to follow in the event that repairs are necessary can be helpful in avoiding lawsuits. Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Whether you're an injured tenant or a landlord defending against a case where your tenant was injured on a rental property, it's a good idea to seek the advice of a lawyer before entering into a lawsuit. Contact a local landlord-tenant lawyer who can explain your state's landlord-tenant laws and represent you in court, if necessary. Next Steps
Contact a qualified real estate attorney to help you navigate any landlord-tenant issues. Help Me Find a Do-It-Yourself Solution

Go through the checklist on a regular basis and document the date and time each time you do so. No matter where problems may arise, either in common areas or tenant units, you should encourage tenants and employees to report any security or safety issues immediately. Keeping your own written record of all reports and when and how the problems were resolved. In addition, landlords should also clearly assign responsibilities for repair and maintenance in the lease or rental agreement. While major duties such as the safety of common areas cannot be passed off, a clear description of procedures to follow in the event that repairs are necessary can be helpful in avoiding lawsuits. Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
Whether you're an injured tenant or a landlord defending against a case where your tenant was injured on a rental property, it's a good idea to seek the advice of a lawyer before entering into a lawsuit. Contact a local landlord-tenant lawyer who can explain your state's landlord-tenant laws and represent you in court, if necessary. Next Steps
Contact a qualified real estate attorney to help you navigate any landlord-tenant issues. Help Me Find a Do-It-Yourself Solution

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 You fall and injure yourself. The landlord's negligence may not be deemed to be the direct cause of your injuries and the landlord might not be liable for damages. It's a much clearer case if you injure yourself while trying to use the broken front stairwell. For landlord liability to attach, the following must be proven: Thank you for subscribing! FindLaw Newsletters
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Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time. For example, a broken step would not be required to be fixed in just an hour. Fixing the problem wouldn't have been unreasonably expensive or difficult (and the landlord had enough warning of the problem)
The cause of the injury was the failure to repair the dangerous condition
The damage that resulted (the injury) was serious and probable (i.e., foreseeable)
The landlord's negligence directly caused the injury
In order to hold the landlord liable, the tenant will have to prove each of the above elements.

You fall and injure yourself. The landlord's negligence may not be deemed to be the direct cause of your injuries and the landlord might not be liable for damages. It's a much clearer case if you injure yourself while trying to use the broken front stairwell. For landlord liability to attach, the following must be proven: Thank you for subscribing! FindLaw Newsletters
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Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time. For example, a broken step would not be required to be fixed in just an hour. Fixing the problem wouldn't have been unreasonably expensive or difficult (and the landlord had enough warning of the problem)
The cause of the injury was the failure to repair the dangerous condition
The damage that resulted (the injury) was serious and probable (i.e., foreseeable)
The landlord's negligence directly caused the injury
In order to hold the landlord liable, the tenant will have to prove each of the above elements.

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 FindLaw Newsletters
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Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time. For example, a broken step would not be required to be fixed in just an hour. Fixing the problem wouldn't have been unreasonably expensive or difficult (and the landlord had enough warning of the problem)
The cause of the injury was the failure to repair the dangerous condition
The damage that resulted (the injury) was serious and probable (i.e., foreseeable)
The landlord's negligence directly caused the injury
In order to hold the landlord liable, the tenant will have to prove each of the above elements. Take the example of the broken stairwell, above. Assume the tenant took the front stairwell, stepped on the broken step, injured himself, and that the step had been broken for several months. The tenant could prove: The landlord had the duty to fix, but did not
Fixing the problem wouldn't have been unreasonably expensive — broken steps occur frequently and don't cost much
If the landlord had fixed the condition, the tenant wouldn't have been injured
Falling down and injuring yourself is serious and foreseeable
The failure to fix or warn directly caused the injuries
What Kind of Damages Can a Tenant Receive From a Landlord? If an injury satisfies the above criteria, tenants can sue for:

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Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time. For example, a broken step would not be required to be fixed in just an hour. Fixing the problem wouldn't have been unreasonably expensive or difficult (and the landlord had enough warning of the problem)
The cause of the injury was the failure to repair the dangerous condition
The damage that resulted (the injury) was serious and probable (i.e., foreseeable)
The landlord's negligence directly caused the injury
In order to hold the landlord liable, the tenant will have to prove each of the above elements. Take the example of the broken stairwell, above. Assume the tenant took the front stairwell, stepped on the broken step, injured himself, and that the step had been broken for several months. The tenant could prove: The landlord had the duty to fix, but did not
Fixing the problem wouldn't have been unreasonably expensive — broken steps occur frequently and don't cost much
If the landlord had fixed the condition, the tenant wouldn't have been injured
Falling down and injuring yourself is serious and foreseeable
The failure to fix or warn directly caused the injuries
What Kind of Damages Can a Tenant Receive From a Landlord? If an injury satisfies the above criteria, tenants can sue for:

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 The tenant’s conduct was based on this reliance on the fraudulent claim, and the injury is a direct result, so the person who made that claim subject to liability for the medical expenses, lost wages, pain and suffering and any other damages related to that injury. Determining Accountability
Not every injury can be a product of landlord liability. An injured tenant must prove that the carelessness (or “negligence”) of the landlord was a “substantial factor” in causing their injuries. For example, if a tenant is assaulted by an attacker who gained access to the property, landlords will argue that nothing they could have done could have prevented it. The assailant could have accessed the apartment several ways and hidden in any number of places. In one case, the court ruled that the tenant could not show the landlord’s failure to provide increased daytime security at each entrance gate would have prevented the attack. In another case, the tenant contended that her injuries could have been prevented if the landlord had hired roving security guards to patrol the entire premises day and night. The court found that, aside from the inordinate expense, the argument was entirely speculative, as crimes often occur despite the presence of the highest level of security. The court noted that “a 300-unit, 28-building apartment complex contains many rooms, entries, garages, and other spaces where a rape could take place despite extensive security patrols.” Seek Legal Advice
Regardless of what your landlord or insurance adjusters tell you, it is always worthwhile to talk to an attorney to find out if you have a case.

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 On the other hand, where the risk of illegal activity is minor, and the cost to the landlord is great, the landlord may not be required to implement measures to protect the tenants. A lawsuit for personal injuries can also be based on the fraud or misrepresentation of the landlord or his or her employees, such as the apartment’s manager or the leasing agent. An example is when a landlord or rental agent falsely tells prospective tenants there is no crime in the area, with the intent of deceiving them into renting there. If a tenant, justifiably relying on the truth of the statement, decides to take a walk in the evening in a neighborhood that is actually rife with crime. The tenant is mugged and severely beaten. The tenant’s conduct was based on this reliance on the fraudulent claim, and the injury is a direct result, so the person who made that claim subject to liability for the medical expenses, lost wages, pain and suffering and any other damages related to that injury. Determining Accountability
Not every injury can be a product of landlord liability. An injured tenant must prove that the carelessness (or “negligence”) of the landlord was a “substantial factor” in causing their injuries. For example, if a tenant is assaulted by an attacker who gained access to the property, landlords will argue that nothing they could have done could have prevented it. The assailant could have accessed the apartment several ways and hidden in any number of places.

On the other hand, where the risk of illegal activity is minor, and the cost to the landlord is great, the landlord may not be required to implement measures to protect the tenants. A lawsuit for personal injuries can also be based on the fraud or misrepresentation of the landlord or his or her employees, such as the apartment’s manager or the leasing agent. An example is when a landlord or rental agent falsely tells prospective tenants there is no crime in the area, with the intent of deceiving them into renting there. If a tenant, justifiably relying on the truth of the statement, decides to take a walk in the evening in a neighborhood that is actually rife with crime. The tenant is mugged and severely beaten. The tenant’s conduct was based on this reliance on the fraudulent claim, and the injury is a direct result, so the person who made that claim subject to liability for the medical expenses, lost wages, pain and suffering and any other damages related to that injury. Determining Accountability
Not every injury can be a product of landlord liability. An injured tenant must prove that the carelessness (or “negligence”) of the landlord was a “substantial factor” in causing their injuries. For example, if a tenant is assaulted by an attacker who gained access to the property, landlords will argue that nothing they could have done could have prevented it. The assailant could have accessed the apartment several ways and hidden in any number of places.

Criminal Acts and Activities: Landlord Liability FAQ | Nolo Criminal Acts and Activities: Landlord Liability FAQ
Criminal Acts and Activities: Landlord Liability FAQ
Landlords have some degree of legal responsibility to protect their tenants from assailants, thieves, and fellow tenants.
Questions
How can a landlord limit responsibility for crime committed by strangers on the rental property?
What kind of legal trouble do landlords face from tenants who deal illegal drugs on the property?
How can a property owner avoid liability because of tenants who deal drugs or otherwise break the law?
What are the landlord's responsibilities for tenant safety and security?
 Asking tenants for their suggestions as part of an ongoing repair and maintenance system is also a good idea. Handle tenant complaints about dangerous situations, suspicious activities, or broken security items immediately. Failing to do this may saddle you with a higher level of legal liability should a tenant be injured by a criminal act after a relevant complaint is made. If additional security requires a rent hike, discuss the situation with your tenants. Many tenants will pay more for a safer place to live. While some of these measures may be costly, the money you spend today on effective crime-prevention measures may pale in comparison to the costs that could result from crime occurring on the premises. Settlements paid by landlords' insurance companies for horrific crimes such as rape and assault are typically in the hundreds of thousands of dollars—and jury awards are higher. Protecting Tenants From the Manager
Rental property owners should be particularly careful when hiring a property manager—the person who interacts with all tenants and has access to master keys. Landlords should scrupulously check a property manager's background to the fullest extent allowed by law, and closely supervise his or her job performance. A tenant who gets hurt or has property stolen or damaged by a manager could sue the property owner for failing to screen or supervise the manager properly.

Criminal Acts and Activities: Landlord Liability FAQ | Nolo

Criminal Acts and Activities: Landlord Liability FAQ
Criminal Acts and Activities: Landlord Liability FAQ
Landlords have some degree of legal responsibility to protect their tenants from assailants, thieves, and fellow tenants.
Questions
How can a landlord limit responsibility for crime committed by strangers on the rental property?
What kind of legal trouble do landlords face from tenants who deal illegal drugs on the property?
How can a property owner avoid liability because of tenants who deal drugs or otherwise break the law?
What are the landlord's responsibilities for tenant safety and security?

Asking tenants for their suggestions as part of an ongoing repair and maintenance system is also a good idea. Handle tenant complaints about dangerous situations, suspicious activities, or broken security items immediately. Failing to do this may saddle you with a higher level of legal liability should a tenant be injured by a criminal act after a relevant complaint is made. If additional security requires a rent hike, discuss the situation with your tenants. Many tenants will pay more for a safer place to live. While some of these measures may be costly, the money you spend today on effective crime-prevention measures may pale in comparison to the costs that could result from crime occurring on the premises. Settlements paid by landlords' insurance companies for horrific crimes such as rape and assault are typically in the hundreds of thousands of dollars—and jury awards are higher. Protecting Tenants From the Manager
Rental property owners should be particularly careful when hiring a property manager—the person who interacts with all tenants and has access to master keys. Landlords should scrupulously check a property manager's background to the fullest extent allowed by law, and closely supervise his or her job performance. A tenant who gets hurt or has property stolen or damaged by a manager could sue the property owner for failing to screen or supervise the manager properly.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
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 Landowners are responsible for maintaining their property in a reasonably safe condition. This includes protecting tenants from foreseeable third party criminal assaults. Suppose a tenant is assaulted or raped on the apartment’s grounds by an unidentified criminal. Can the landlord be held liable to the tenant for his or her injuries? The test is one of “foreseeability,” that is, whether the landlord could have reasonably anticipated that a tenant would have been raped, robbed, or assault on the apartment’s grounds. One major consideration is whether this was the first time such a thing had occurred or whether there had been prior similar incidents on the apartment grounds. Where the risk of criminal assaults or other illegal conduct is great, and the cost to the landlord to prevent such attacks is relatively minor, the landlord has a duty to take preventive measures. In one case, there had been three vicious criminal assaults within two years in the common areas of an apartment complex. The plaintiff was subsequently shot during a carjacking. The court held that there was a reasonably foreseeable risk of violent criminal assaults on the property, which impose on the landlords a duty to provide at least minimal security measures.

Landowners are responsible for maintaining their property in a reasonably safe condition. This includes protecting tenants from foreseeable third party criminal assaults. Suppose a tenant is assaulted or raped on the apartment’s grounds by an unidentified criminal. Can the landlord be held liable to the tenant for his or her injuries? The test is one of “foreseeability,” that is, whether the landlord could have reasonably anticipated that a tenant would have been raped, robbed, or assault on the apartment’s grounds. One major consideration is whether this was the first time such a thing had occurred or whether there had been prior similar incidents on the apartment grounds. Where the risk of criminal assaults or other illegal conduct is great, and the cost to the landlord to prevent such attacks is relatively minor, the landlord has a duty to take preventive measures. In one case, there had been three vicious criminal assaults within two years in the common areas of an apartment complex. The plaintiff was subsequently shot during a carjacking. The court held that there was a reasonably foreseeable risk of violent criminal assaults on the property, which impose on the landlords a duty to provide at least minimal security measures.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 One major consideration is whether this was the first time such a thing had occurred or whether there had been prior similar incidents on the apartment grounds. Where the risk of criminal assaults or other illegal conduct is great, and the cost to the landlord to prevent such attacks is relatively minor, the landlord has a duty to take preventive measures. In one case, there had been three vicious criminal assaults within two years in the common areas of an apartment complex. The plaintiff was subsequently shot during a carjacking. The court held that there was a reasonably foreseeable risk of violent criminal assaults on the property, which impose on the landlords a duty to provide at least minimal security measures. On the other hand, where the risk of illegal activity is minor, and the cost to the landlord is great, the landlord may not be required to implement measures to protect the tenants. A lawsuit for personal injuries can also be based on the fraud or misrepresentation of the landlord or his or her employees, such as the apartment’s manager or the leasing agent. An example is when a landlord or rental agent falsely tells prospective tenants there is no crime in the area, with the intent of deceiving them into renting there. If a tenant, justifiably relying on the truth of the statement, decides to take a walk in the evening in a neighborhood that is actually rife with crime. The tenant is mugged and severely beaten.

One major consideration is whether this was the first time such a thing had occurred or whether there had been prior similar incidents on the apartment grounds. Where the risk of criminal assaults or other illegal conduct is great, and the cost to the landlord to prevent such attacks is relatively minor, the landlord has a duty to take preventive measures. In one case, there had been three vicious criminal assaults within two years in the common areas of an apartment complex. The plaintiff was subsequently shot during a carjacking. The court held that there was a reasonably foreseeable risk of violent criminal assaults on the property, which impose on the landlords a duty to provide at least minimal security measures. On the other hand, where the risk of illegal activity is minor, and the cost to the landlord is great, the landlord may not be required to implement measures to protect the tenants. A lawsuit for personal injuries can also be based on the fraud or misrepresentation of the landlord or his or her employees, such as the apartment’s manager or the leasing agent. An example is when a landlord or rental agent falsely tells prospective tenants there is no crime in the area, with the intent of deceiving them into renting there. If a tenant, justifiably relying on the truth of the statement, decides to take a walk in the evening in a neighborhood that is actually rife with crime. The tenant is mugged and severely beaten.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 Failing to make a promised repair to a faulty condition in the unit in a timely manner
The repair is made in a careless or negligent manner
Not informing the tenant of a dangerous condition that is not apparent to the tenant at the time the lease is made
Violating the law
Suppose the apartment complex has a pool without a fence around it. If your state requires fencing around the pool, and a child drowns there, the landlord can be held liable for the child’s wrongful death. Suppose the landlord agrees to let the tenant keep a dog in the apartment, but one day the dog gets out and mauls a small child. Is the landlord liable for the child’s injuries? The landlord can be held liable only if it can be shown that the landlord had actual knowledge of the dog’s presence and its vicious nature. In certain circumstances the landlord can be held liable for injuries to tenants or their guests resulting from altercations with other tenants. A landlord has a duty to keep its tenants reasonably safe from assaults by other tenants. Suppose one tenant physically assaults another tenant several times. The victimized tenant reports the assaults to the managers on at least six occasions. The managers assured her they would take care of the problem, but nothing is ever done.

Failing to make a promised repair to a faulty condition in the unit in a timely manner
The repair is made in a careless or negligent manner
Not informing the tenant of a dangerous condition that is not apparent to the tenant at the time the lease is made
Violating the law
Suppose the apartment complex has a pool without a fence around it. If your state requires fencing around the pool, and a child drowns there, the landlord can be held liable for the child’s wrongful death. Suppose the landlord agrees to let the tenant keep a dog in the apartment, but one day the dog gets out and mauls a small child. Is the landlord liable for the child’s injuries? The landlord can be held liable only if it can be shown that the landlord had actual knowledge of the dog’s presence and its vicious nature. In certain circumstances the landlord can be held liable for injuries to tenants or their guests resulting from altercations with other tenants. A landlord has a duty to keep its tenants reasonably safe from assaults by other tenants. Suppose one tenant physically assaults another tenant several times. The victimized tenant reports the assaults to the managers on at least six occasions. The managers assured her they would take care of the problem, but nothing is ever done.

General Liability for Rental Properties | Home Guides | SF Gate General Liability for Rental Properties
General Liability for Rental Properties
Landlord Negligence
Tenant Negligence
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Insurance
 However, rental agreements vary, so it is important to refer to the document to establish with certainty who is responsible for the area of the property where the incident occurred. Insurance
Both landlords and tenants can take out an insurance policy to limit their financial liability for injury, crime and damage occurring on rental property. A landlord's insurance policy can protect him or her from claims filed by tenants -- medical bills in cases of injury or lawsuits in cases of theft or property damage. Tenants can also get renter's insurance to protect their property from damage and themselves from claims filed against them if their negligence causes damage or personal injury to others. ‒‒:‒‒
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Nolo: When is a landlord liable for an injury to a tenant or visitor to the rental property? Nolo: What are the landlord's responsibilities for tenant safety and security? California Department of Consumer Affairs: When You Have Decided to Rent
LegalMatch:

However, rental agreements vary, so it is important to refer to the document to establish with certainty who is responsible for the area of the property where the incident occurred. Insurance
Both landlords and tenants can take out an insurance policy to limit their financial liability for injury, crime and damage occurring on rental property. A landlord's insurance policy can protect him or her from claims filed by tenants -- medical bills in cases of injury or lawsuits in cases of theft or property damage. Tenants can also get renter's insurance to protect their property from damage and themselves from claims filed against them if their negligence causes damage or personal injury to others. ‒‒:‒‒
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Nolo: When is a landlord liable for an injury to a tenant or visitor to the rental property? Nolo: What are the landlord's responsibilities for tenant safety and security? California Department of Consumer Affairs: When You Have Decided to Rent
LegalMatch:

Are renters liable for crime-related property damage? - Inman Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage? It sounds like your landlord is blaming you for the burglary. When a crime occurs at a rental property, the tenant is responsible for insuring his or her possessions, while the landlord is responsible for the premises and any damage incurred. The only exception would be in the highly unlikely event that the landlord could prove that you were somehow responsible for the damage. Inman Connect
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Because no one would take steps to be a victim of a burglary, it would seem that the only basis for the landlord to hold you responsible for the damage to the rental house is if he believes you weren’t really burglarized but did the damage yourself and made up the burglary in an attempt to avoid being responsible. That would be extremely unlikely and unbelievable that anyone would do that, so I would suggest you immediately send your landlord a demand letter seeking the return of any amounts deducted from your security deposit for the damage done by the perpetrators of the burglary. You should also include a copy of the police report and photos showing the damage to the exterior door. If the landlord doesn’t change his position, your next step could be to go to small claims court.

Are renters liable for crime-related property damage? - Inman

Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage?

It sounds like your landlord is blaming you for the burglary. When a crime occurs at a rental property, the tenant is responsible for insuring his or her possessions, while the landlord is responsible for the premises and any damage incurred. The only exception would be in the highly unlikely event that the landlord could prove that you were somehow responsible for the damage. Inman Connect
2021 Events Announced! Secure your tickets now. Inman Person of the Year 2020: Anne and Dave Jones
How indie brokerages can thrive in 2021
After CoStar acquisition, Homesnap vows loyalty to Broker Public Portal
Because no one would take steps to be a victim of a burglary, it would seem that the only basis for the landlord to hold you responsible for the damage to the rental house is if he believes you weren’t really burglarized but did the damage yourself and made up the burglary in an attempt to avoid being responsible. That would be extremely unlikely and unbelievable that anyone would do that, so I would suggest you immediately send your landlord a demand letter seeking the return of any amounts deducted from your security deposit for the damage done by the perpetrators of the burglary. You should also include a copy of the police report and photos showing the damage to the exterior door. If the landlord doesn’t change his position, your next step could be to go to small claims court.

Simple Tips To Protect Your Rental Property From Liability & Lawsuits Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Use a property manager
Create corporations or LLC’s
Homeowners insurance
Free and clear is not always best
 There are real risks associated with being a rental property owner, such as being sued for money or because of injuries occurring on your property. Whether a freak accident occurs or someone gets hurt from landlord neglect, the risk of injury is a real problem facing owners. As an owner, you need to consider if the returns you make on the property are worth the risks. Even if it is worth it, there are still precautions you can take to protect yourself. If your returns are decent, then you can afford to take additional precautions. If you are more limited in your options, it is best to consult with professionals to get the best advice on what coverage and precautions you should take. Use a property manager
Managing your properties or someone else’s increases your liability. There have been cases where an evicted tenant hurt themselves while moving out and turned around to sue the property manager. The tenant claimed that the landlord had broken his TV and left the glass in a window well. When he fell in the window well while moving, he claimed the injury was the fault of the landlord.

Simple Tips To Protect Your Rental Property From Liability & Lawsuits

Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Use a property manager
Create corporations or LLC’s
Homeowners insurance
Free and clear is not always best

There are real risks associated with being a rental property owner, such as being sued for money or because of injuries occurring on your property. Whether a freak accident occurs or someone gets hurt from landlord neglect, the risk of injury is a real problem facing owners. As an owner, you need to consider if the returns you make on the property are worth the risks. Even if it is worth it, there are still precautions you can take to protect yourself. If your returns are decent, then you can afford to take additional precautions. If you are more limited in your options, it is best to consult with professionals to get the best advice on what coverage and precautions you should take. Use a property manager
Managing your properties or someone else’s increases your liability. There have been cases where an evicted tenant hurt themselves while moving out and turned around to sue the property manager. The tenant claimed that the landlord had broken his TV and left the glass in a window well. When he fell in the window well while moving, he claimed the injury was the fault of the landlord.

Simple Tips To Protect Your Rental Property From Liability & Lawsuits Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Simple Tips To Protect Your Rental Property From Liability & Lawsuits
Use a property manager
Create corporations or LLC’s
Homeowners insurance
Free and clear is not always best
 If you are more limited in your options, it is best to consult with professionals to get the best advice on what coverage and precautions you should take. Use a property manager
Managing your properties or someone else’s increases your liability. There have been cases where an evicted tenant hurt themselves while moving out and turned around to sue the property manager. The tenant claimed that the landlord had broken his TV and left the glass in a window well. When he fell in the window well while moving, he claimed the injury was the fault of the landlord. Tenants can make a lawsuit out of almost anything, so it is best to be prepared. Even after lengthy court cases and a verdict in favor of you, there is still a valuable lesson to learn. It is critical for landlords to have insurance; with liability insurance to cover issues like this the legal fees would have been covered. Talk to your insurance agent about getting liability coverage.

If you are more limited in your options, it is best to consult with professionals to get the best advice on what coverage and precautions you should take. Use a property manager
Managing your properties or someone else’s increases your liability. There have been cases where an evicted tenant hurt themselves while moving out and turned around to sue the property manager. The tenant claimed that the landlord had broken his TV and left the glass in a window well. When he fell in the window well while moving, he claimed the injury was the fault of the landlord. Tenants can make a lawsuit out of almost anything, so it is best to be prepared. Even after lengthy court cases and a verdict in favor of you, there is still a valuable lesson to learn. It is critical for landlords to have insurance; with liability insurance to cover issues like this the legal fees would have been covered. Talk to your insurance agent about getting liability coverage.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 that is, the dangerous condition is created by the tenant, unless the tenant has not reported it to the landlord. Property owners have a legal obligation (“duty”) to use due care for the safety of its tenants and their guests to keep those areas of the property under their control in a reasonably safe condition. This includes such common areas as sidewalks, walkways, pool, spa, tennis courts, elevators, stairways, landscaping, etc. For instance, if the landlord leaves a water hose across a sidewalk in an unlit area, and a tenant or guest trips on it in the dark, the landlord can be held liable for the resulting injuries and related expenses. The owner of an apartment complex can be held liable for the damages resulting from injuries due to: Failing to make a promised repair to a faulty condition in the unit in a timely manner
The repair is made in a careless or negligent manner
Not informing the tenant of a dangerous condition that is not apparent to the tenant at the time the lease is made
Violating the law
Suppose the apartment complex has a pool without a fence around it. If your state requires fencing around the pool, and a child drowns there, the landlord can be held liable for the child’s wrongful death. Suppose the landlord agrees to let the tenant keep a dog in the apartment, but one day the dog gets out and mauls a small child. Is the landlord liable for the child’s injuries? The landlord can be held liable only if it can be shown that the landlord had actual knowledge of the dog’s presence and its vicious nature.

that is, the dangerous condition is created by the tenant, unless the tenant has not reported it to the landlord. Property owners have a legal obligation (“duty”) to use due care for the safety of its tenants and their guests to keep those areas of the property under their control in a reasonably safe condition. This includes such common areas as sidewalks, walkways, pool, spa, tennis courts, elevators, stairways, landscaping, etc. For instance, if the landlord leaves a water hose across a sidewalk in an unlit area, and a tenant or guest trips on it in the dark, the landlord can be held liable for the resulting injuries and related expenses. The owner of an apartment complex can be held liable for the damages resulting from injuries due to: Failing to make a promised repair to a faulty condition in the unit in a timely manner
The repair is made in a careless or negligent manner
Not informing the tenant of a dangerous condition that is not apparent to the tenant at the time the lease is made
Violating the law
Suppose the apartment complex has a pool without a fence around it. If your state requires fencing around the pool, and a child drowns there, the landlord can be held liable for the child’s wrongful death. Suppose the landlord agrees to let the tenant keep a dog in the apartment, but one day the dog gets out and mauls a small child. Is the landlord liable for the child’s injuries? The landlord can be held liable only if it can be shown that the landlord had actual knowledge of the dog’s presence and its vicious nature.

General Liability for Rental Properties | Home Guides | SF Gate General Liability for Rental Properties
General Liability for Rental Properties
Landlord Negligence
Tenant Negligence
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Check the Lease Terms
Insurance
 Learn More

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Check the Lease Terms
In any case of injury, crime or property damage, the terms of the rental agreement can usually help shed light on who is liable. A lease agreement should state who is liable for which parts of the property. Landlords are usually responsible for the structural elements of the building and for the common areas, such as the building entry, communal stairs and any communal outdoor areas. However, rental agreements vary, so it is important to refer to the document to establish with certainty who is responsible for the area of the property where the incident occurred. Insurance
Both landlords and tenants can take out an insurance policy to limit their financial liability for injury, crime and damage occurring on rental property. A landlord's insurance policy can protect him or her from claims filed by tenants -- medical bills in cases of injury or lawsuits in cases of theft or property damage. Tenants can also get renter's insurance to protect their property from damage and themselves from claims filed against them if their negligence causes damage or personal injury to others. ‒‒:‒‒
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Learn More

Source: Mortech® & Brown Bag Media, LLC
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See Full Rates
OK
Cancel
Filter Results
Property Type
Single Family Condo Multi Unit
Points
0 points 1 or less 2 or less
More Options
Include FHA loans Include VA loans
Cancel

An error occurred. Click here to reload
SmartAsset.com
Check the Lease Terms
In any case of injury, crime or property damage, the terms of the rental agreement can usually help shed light on who is liable. A lease agreement should state who is liable for which parts of the property. Landlords are usually responsible for the structural elements of the building and for the common areas, such as the building entry, communal stairs and any communal outdoor areas. However, rental agreements vary, so it is important to refer to the document to establish with certainty who is responsible for the area of the property where the incident occurred. Insurance
Both landlords and tenants can take out an insurance policy to limit their financial liability for injury, crime and damage occurring on rental property. A landlord's insurance policy can protect him or her from claims filed by tenants -- medical bills in cases of injury or lawsuits in cases of theft or property damage. Tenants can also get renter's insurance to protect their property from damage and themselves from claims filed against them if their negligence causes damage or personal injury to others. ‒‒:‒‒
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Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 Landlord Liability and Property Management Liability - TorkLaw
Landlord Liability
Home / Practice Areas / Premises Liability / Landlord Liability
Many people who rent a house, condominium, or apartment may not be aware of their rights if they incur severe injury on their rented property. The property owner or insurance adjuster may try to convince them feel there is little or nothing they can do. Those who do not understand the deeper implication of landlord liability may decline to pursue litigation out of fear they will be evicted. However, the cost associated with crippling injury can drain your life savings and put your family’s future in peril. You do have a right to seek compensation in some circumstances. What is Landlord Liability
Landlord liability is a form of premises liability that holds a property owner accountable for injuries that are sustained by residents or even pedestrians on the owner’s property; for example, someone who trips and falls on a cracked sidewalk. Other types of dangers, such as faulty wiring or toxic mold are also categorized under landlord liability. Property owners have a legal responsibility to maintain the property so it is safe and suitable for human habitation. If they fail in this duty, and residents are hurt, they can be held legally responsible, or liable.

Landlord Liability and Property Management Liability - TorkLaw
Landlord Liability
Home / Practice Areas / Premises Liability / Landlord Liability
Many people who rent a house, condominium, or apartment may not be aware of their rights if they incur severe injury on their rented property. The property owner or insurance adjuster may try to convince them feel there is little or nothing they can do. Those who do not understand the deeper implication of landlord liability may decline to pursue litigation out of fear they will be evicted. However, the cost associated with crippling injury can drain your life savings and put your family’s future in peril. You do have a right to seek compensation in some circumstances. What is Landlord Liability
Landlord liability is a form of premises liability that holds a property owner accountable for injuries that are sustained by residents or even pedestrians on the owner’s property; for example, someone who trips and falls on a cracked sidewalk. Other types of dangers, such as faulty wiring or toxic mold are also categorized under landlord liability. Property owners have a legal responsibility to maintain the property so it is safe and suitable for human habitation. If they fail in this duty, and residents are hurt, they can be held legally responsible, or liable.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 What is Landlord Liability
Landlord liability is a form of premises liability that holds a property owner accountable for injuries that are sustained by residents or even pedestrians on the owner’s property; for example, someone who trips and falls on a cracked sidewalk. Other types of dangers, such as faulty wiring or toxic mold are also categorized under landlord liability. Property owners have a legal responsibility to maintain the property so it is safe and suitable for human habitation. If they fail in this duty, and residents are hurt, they can be held legally responsible, or liable. About Landlord Liability
An apartment or property owner (landlord or lessor) who leases an apartment can be held liable to the tenant (lessee) and the tenant’s guests for dangerous conditions existing in the apartment unit that the landlord does not inform the tenant about and the dangerous condition is not obvious. Before leasing an apartment unit to a prospective tenant, the apartment owner has a duty to ensure it is safe from dangerous conditions based on what a reasonable inspection would normally disclose. The landlord is not required to take extraordinary measures to discover every potential hazard unless the circumstances justify it. If a dangerous condition arises in the apartment unit that the tenant promptly reports to the landlord, the landlord must repair it within a reasonable period of time after learning of the dangerous condition. A landlord generally is not liable for dangerous condition in the tenant’s apartment that come into existence after the tenant takes possession:

When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
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 When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury. By Ann O’Connell, Attorney
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Landlord Liability for Tenants' Dogs | Nolo Landlord Liability for Tenants' Dogs
Landlord Liability for Tenants' Dogs
Some landlords fear that they'll be on the hook if a tenant's dog injures someone.
Knowing About and Having Power to Remove the Dog
Injuries Off the Landlord's Property
Harboring a Tenant's Dog
 But not all states use this rule. Under some laws, landlords are not liable even when they know a tenant's dog is likely to hurt someone. A Montana rancher, for example, knew that a dog belonging to his foreman (who lived on the rancher's property) had bitten someone. But when the dog later bit a utility company meter-reader, the rancher wasn't held liable. If, however, the rancher had exercised some control over the animal, he would have been liable. ( Criswell v. Brewer, 741 P.2d 418 (Mont. 1987).) Actual knowledge. To be held liable, a landlord must actually know that a tenant's dog is a danger to others. In practice, that means the landlord must know that the dog has already threatened or injured someone. For example, a landlord who knows only that a tenant's dog is kept chained and barks at people who approach probably will not be held liable if the dog bites someone.

Landlord Liability for Tenants' Dogs | Nolo

Landlord Liability for Tenants' Dogs
Landlord Liability for Tenants' Dogs
Some landlords fear that they'll be on the hook if a tenant's dog injures someone.
Knowing About and Having Power to Remove the Dog
Injuries Off the Landlord's Property
Harboring a Tenant's Dog

But not all states use this rule. Under some laws, landlords are not liable even when they know a tenant's dog is likely to hurt someone. A Montana rancher, for example, knew that a dog belonging to his foreman (who lived on the rancher's property) had bitten someone. But when the dog later bit a utility company meter-reader, the rancher wasn't held liable. If, however, the rancher had exercised some control over the animal, he would have been liable. ( Criswell v. Brewer, 741 P.2d 418 (Mont. 1987).) Actual knowledge. To be held liable, a landlord must actually know that a tenant's dog is a danger to others. In practice, that means the landlord must know that the dog has already threatened or injured someone. For example, a landlord who knows only that a tenant's dog is kept chained and barks at people who approach probably will not be held liable if the dog bites someone.

How to Sue Your Landlord for Property Damage: 15 Steps How to Sue Your Landlord for Property Damage
How to Sue Your Landlord for Property Damage
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 The way your property was damaged plays into whether your landlord is liable for that damage. You must be able to prove that the damage was caused by your landlord's negligence – in other words, that your landlord had a duty to prevent the very thing that caused your property to be damaged, and he or she failed to meet that duty. Typically you'll be entitled to the amount of money it would cost to repair the damage to the property, which in some cases can be fairly straightforward. For example, if the glass on your phone was cracked due to your landlord's negligence, and it costs $75 to replace the glass, your landlord would only be liable for $75. However, if your property is damaged beyond repair, you will have to find the value at the time it was damaged – you aren't entitled to the money to replace it with a new item. For example, if your roof caves in due to your landlord's negligence and destroys your laptop, your landlord doesn't have to buy you a new laptop – unless you had literally just taken your laptop out of the box when the incident happened. Keep in mind that landlords typically aren't liable for damage to your personal property as a result of most things that occur inside your rental unit. If someone breaks into your apartment, or if a leaky pipe ruins your electronics, that's not your landlord's responsibility. This is why it's a good idea to buy a renter's insurance policy to cover your personal belongings. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/v4-460px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","bigUrl":"\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/aid7344502-v4-728px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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How to Sue Your Landlord for Property Damage: 15 Steps

How to Sue Your Landlord for Property Damage
How to Sue Your Landlord for Property Damage
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Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
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 About Landlord Liability
An apartment or property owner (landlord or lessor) who leases an apartment can be held liable to the tenant (lessee) and the tenant’s guests for dangerous conditions existing in the apartment unit that the landlord does not inform the tenant about and the dangerous condition is not obvious. Before leasing an apartment unit to a prospective tenant, the apartment owner has a duty to ensure it is safe from dangerous conditions based on what a reasonable inspection would normally disclose. The landlord is not required to take extraordinary measures to discover every potential hazard unless the circumstances justify it. If a dangerous condition arises in the apartment unit that the tenant promptly reports to the landlord, the landlord must repair it within a reasonable period of time after learning of the dangerous condition. A landlord generally is not liable for dangerous condition in the tenant’s apartment that come into existence after the tenant takes possession: that is, the dangerous condition is created by the tenant, unless the tenant has not reported it to the landlord. Property owners have a legal obligation (“duty”) to use due care for the safety of its tenants and their guests to keep those areas of the property under their control in a reasonably safe condition. This includes such common areas as sidewalks, walkways, pool, spa, tennis courts, elevators, stairways, landscaping, etc. For instance, if the landlord leaves a water hose across a sidewalk in an unlit area, and a tenant or guest trips on it in the dark, the landlord can be held liable for the resulting injuries and related expenses. The owner of an apartment complex can be held liable for the damages resulting from injuries due to:

Landlord Liability for Tenants' Dogs | Nolo Landlord Liability for Tenants' Dogs
Landlord Liability for Tenants' Dogs
Some landlords fear that they'll be on the hook if a tenant's dog injures someone.
Knowing About and Having Power to Remove the Dog
Injuries Off the Landlord's Property
Harboring a Tenant's Dog
 A landlord who acquires a potentially dangerous or troublesome dog along with the property can still take measures to avoid injuries and liability. Eviction may be possible if the dog is a nuisance. Short of eviction, a landlord could fence in a yard, ask the tenant to keep the dog inside, or post warning signs. Injuries Off the Landlord's Property
A landlord may be liable for injuries caused by a tenant's dog even off the rented property. The Supreme Court of Oregon ruled that a landlord can be liable if the landlord knew that the dog posed an unreasonable risk of harm to persons off the rental property. In that case, the landlord knew that the dog had been declared "potentially dangerous" by the county after it bit a child, and that the dog was sometimes allowed to roam. ( Park v. Hoffard, 847 P.2d 853 (Or. 1993).) A California Court of Appeal ruled similarly, stating that liability for a dog bite off the premises depends on the same factors as liability for an injury on the premises. If, for example, a dog escapes because of defects in the landlord's property, the landlord would be liable for off-site injuries caused by the dog. (

A landlord who acquires a potentially dangerous or troublesome dog along with the property can still take measures to avoid injuries and liability. Eviction may be possible if the dog is a nuisance. Short of eviction, a landlord could fence in a yard, ask the tenant to keep the dog inside, or post warning signs. Injuries Off the Landlord's Property
A landlord may be liable for injuries caused by a tenant's dog even off the rented property. The Supreme Court of Oregon ruled that a landlord can be liable if the landlord knew that the dog posed an unreasonable risk of harm to persons off the rental property. In that case, the landlord knew that the dog had been declared "potentially dangerous" by the county after it bit a child, and that the dog was sometimes allowed to roam. ( Park v. Hoffard, 847 P.2d 853 (Or. 1993).) A California Court of Appeal ruled similarly, stating that liability for a dog bite off the premises depends on the same factors as liability for an injury on the premises. If, for example, a dog escapes because of defects in the landlord's property, the landlord would be liable for off-site injuries caused by the dog. (

Difference Between a Guest & a Tenant | Legal Beagle Difference Between a Guest & a Tenant
Difference Between a Guest & a Tenant
Why a Lease Makes a Difference
Changing an Address Denotes Tenancy
Length of Stay Defines Tenancy
Why Does Regular Payment Matter?
Who Is Liable for Injuries?
Cite this Article
 If a guest does pay for rent and such services, a court may consider the guest a tenant. The manner in which the guest contracted for the living space matters. Depending on the state, if a guest, like a visitor through Airbnb, stays past a fixed term, he can become a month-to-month tenant. Who Is Liable for Injuries? Tenants and guests may have grounds to sue a landlord if they are injured at a rental property. Typically, a landlord has a duty to disclose a hidden danger, like an uneven floor. Sometimes a tenant is liable when a landlord is not. For example, if a tenant created a hole in the floor but did not tell the landlord, only the tenant would be liable if their guest was injured. Usually, a landlord is not liable for an injury on the property caused by a third party, like a delivery truck hitting a guest. Injured parties should consult an attorney to determine who is liable.

Difference Between a Guest & a Tenant | Legal Beagle

Difference Between a Guest & a Tenant
Difference Between a Guest & a Tenant
Why a Lease Makes a Difference
Changing an Address Denotes Tenancy
Length of Stay Defines Tenancy
Why Does Regular Payment Matter?
Who Is Liable for Injuries?
Cite this Article

If a guest does pay for rent and such services, a court may consider the guest a tenant. The manner in which the guest contracted for the living space matters. Depending on the state, if a guest, like a visitor through Airbnb, stays past a fixed term, he can become a month-to-month tenant. Who Is Liable for Injuries? Tenants and guests may have grounds to sue a landlord if they are injured at a rental property. Typically, a landlord has a duty to disclose a hidden danger, like an uneven floor. Sometimes a tenant is liable when a landlord is not. For example, if a tenant created a hole in the floor but did not tell the landlord, only the tenant would be liable if their guest was injured. Usually, a landlord is not liable for an injury on the property caused by a third party, like a delivery truck hitting a guest. Injured parties should consult an attorney to determine who is liable.

Are renters liable for crime-related property damage? - Inman Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage? All trash and garbage was removed. When I received my security deposit disposition form, the landlord had deducted the repair costs for the property damage from the burglary, and it was greater than my entire security deposit. So even though I thoroughly cleaned and made repairs to the rest of the rental house, the landlord kept my entire security deposit. Was he right to do so? A: It sounds like your landlord is blaming you for the burglary. When a crime occurs at a rental property, the tenant is responsible for insuring his or her possessions, while the landlord is responsible for the premises and any damage incurred. The only exception would be in the highly unlikely event that the landlord could prove that you were somehow responsible for the damage. Inman Connect
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All trash and garbage was removed. When I received my security deposit disposition form, the landlord had deducted the repair costs for the property damage from the burglary, and it was greater than my entire security deposit. So even though I thoroughly cleaned and made repairs to the rest of the rental house, the landlord kept my entire security deposit. Was he right to do so? A: It sounds like your landlord is blaming you for the burglary. When a crime occurs at a rental property, the tenant is responsible for insuring his or her possessions, while the landlord is responsible for the premises and any damage incurred. The only exception would be in the highly unlikely event that the landlord could prove that you were somehow responsible for the damage. Inman Connect
2021 Events Announced! Secure your tickets now.

How to Sue Your Landlord for Property Damage: 15 Steps How to Sue Your Landlord for Property Damage
How to Sue Your Landlord for Property Damage
Part 1
of 3:
Drafting Your Complaint Download Article
Part 2
of 3:
Filing Your Complaint Download Article
Part 3
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Attending Your Hearing Download Article
Expert Q&A
References
About This Article
Jennifer Mueller, JD
Did this article help you?
 For example, if your roof caves in due to your landlord's negligence and destroys your laptop, your landlord doesn't have to buy you a new laptop – unless you had literally just taken your laptop out of the box when the incident happened. Keep in mind that landlords typically aren't liable for damage to your personal property as a result of most things that occur inside your rental unit. If someone breaks into your apartment, or if a leaky pipe ruins your electronics, that's not your landlord's responsibility. This is why it's a good idea to buy a renter's insurance policy to cover your personal belongings. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/v4-460px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","bigUrl":"\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/aid7344502-v4-728px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

License: Creative Commons<\/a>
\n<\/p>

\n<\/p><\/div>"}
2
Send your landlord a letter. Particularly if you are suing in small claims courts, you typically will have to provide proof to the court that you previously asked your landlord to pay for your property damage and he or she refused. Your tone should be firm, but professional. Stick to the facts, and avoid hurling insults or accusations against your landlord. Simply explain the damage and why you believe your landlord is liable.

For example, if your roof caves in due to your landlord's negligence and destroys your laptop, your landlord doesn't have to buy you a new laptop – unless you had literally just taken your laptop out of the box when the incident happened. Keep in mind that landlords typically aren't liable for damage to your personal property as a result of most things that occur inside your rental unit. If someone breaks into your apartment, or if a leaky pipe ruins your electronics, that's not your landlord's responsibility. This is why it's a good idea to buy a renter's insurance policy to cover your personal belongings. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/v4-460px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","bigUrl":"\/images\/thumb\/0\/04\/Sue-Your-Landlord-for-Property-Damage-Step-2.jpg\/aid7344502-v4-728px-Sue-Your-Landlord-for-Property-Damage-Step-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

License: Creative Commons<\/a>
\n<\/p>

\n<\/p><\/div>"}
2
Send your landlord a letter. Particularly if you are suing in small claims courts, you typically will have to provide proof to the court that you previously asked your landlord to pay for your property damage and he or she refused. Your tone should be firm, but professional. Stick to the facts, and avoid hurling insults or accusations against your landlord. Simply explain the damage and why you believe your landlord is liable.

Premises Liability: Who Is Responsible? - FindLaw Premises Liability: Who Is Responsible?
Premises Liability: Who Is Responsible?
Legal Status of Visitor
Condition of the Property and Actions of the Owner and Visitor
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Trespassers on Property
Children on Property
When Both Parties Are at Fault
Special Rules for Landlords
Get Free Legal Help for a Premises Liability Injury
 Where that care is not exercised appropriately, the plaintiff's recovery may be limited or reduced by his or her own negligence. Most states adhere to a " comparative fault " system in personal injury cases, meaning that an injured person's legal damages will be reduced by a percentage that's equivalent to his or her fault for the incident. For example, if it's decided that an injured person was 25% liable for an accident, and the total damages were $10,000, he or she will receive only $7,500. Special Rules for Landlords
Special rules of liability may apply in cases of lessors, commonly called landlords, of property. The general rule holds that a landlord isn't liable to a tenant, or anyone else, for physical harm caused by a condition on the property. This general rule is based partially on the landlord's presumed lack of control over the property once it's leased, but the rule has numerous important exceptions. Get Free Legal Help for a Premises Liability Injury
If you or a loved one have suffered a premises liability injury, you should speak with an experienced attorney to ensure that your legal rights to compensation are fully assessed and protected. The first step is to contact a lawyer for a free analysis of your claim, with absolutely no obligation. If it's determined that you have a valid claim, many lawyers will work with you on a contingency basis, collecting payment only if you win or settle your case.

Premises Liability: Who Is Responsible? - FindLaw

Premises Liability: Who Is Responsible?
Premises Liability: Who Is Responsible?
Legal Status of Visitor
Condition of the Property and Actions of the Owner and Visitor
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Trespassers on Property
Children on Property
When Both Parties Are at Fault
Special Rules for Landlords
Get Free Legal Help for a Premises Liability Injury

Where that care is not exercised appropriately, the plaintiff's recovery may be limited or reduced by his or her own negligence. Most states adhere to a " comparative fault " system in personal injury cases, meaning that an injured person's legal damages will be reduced by a percentage that's equivalent to his or her fault for the incident. For example, if it's decided that an injured person was 25% liable for an accident, and the total damages were $10,000, he or she will receive only $7,500. Special Rules for Landlords
Special rules of liability may apply in cases of lessors, commonly called landlords, of property. The general rule holds that a landlord isn't liable to a tenant, or anyone else, for physical harm caused by a condition on the property. This general rule is based partially on the landlord's presumed lack of control over the property once it's leased, but the rule has numerous important exceptions. Get Free Legal Help for a Premises Liability Injury
If you or a loved one have suffered a premises liability injury, you should speak with an experienced attorney to ensure that your legal rights to compensation are fully assessed and protected. The first step is to contact a lawyer for a free analysis of your claim, with absolutely no obligation. If it's determined that you have a valid claim, many lawyers will work with you on a contingency basis, collecting payment only if you win or settle your case.

What Is Renters Liability Insurance? | Allstate
 Landlord Property Protection
A landlord insurance policy may help cover structural damage to the building. Covered perils may include events like a hailstorm or a fire caused by lightning. That coverage typically does not extend to the tenant's personal property. So, if your belongings are stolen or damaged, your landlord's insurance would not pay to replace them. Instead, you'd need your own renters insurance policy to help protect your belongings. Landlord Liability Protection
A landlord insurance policy usually includes liability protection for the owner of the home or apartment. For example, a landlord insurance policy may help protect a landlord if a tenant is injured and the landlord is found responsible. Meanwhile, renters insurance liability coverage may help protect you against bodily injury or property damage liability claims. For example, if a guest is injured in your rental and you're found legally responsible, liability coverage may help cover damages. Keep in mind that if you run a business out of your rental apartment or home, renters liability insurance likely won't cover the costs of claims against your business.

What Is Renters Liability Insurance? | Allstate

Landlord Property Protection
A landlord insurance policy may help cover structural damage to the building. Covered perils may include events like a hailstorm or a fire caused by lightning. That coverage typically does not extend to the tenant's personal property. So, if your belongings are stolen or damaged, your landlord's insurance would not pay to replace them. Instead, you'd need your own renters insurance policy to help protect your belongings. Landlord Liability Protection
A landlord insurance policy usually includes liability protection for the owner of the home or apartment. For example, a landlord insurance policy may help protect a landlord if a tenant is injured and the landlord is found responsible. Meanwhile, renters insurance liability coverage may help protect you against bodily injury or property damage liability claims. For example, if a guest is injured in your rental and you're found legally responsible, liability coverage may help cover damages. Keep in mind that if you run a business out of your rental apartment or home, renters liability insurance likely won't cover the costs of claims against your business.

Landlord Liability Insurance: How to Protect Your Rental Property Landlord Liability Insurance: How to Protect Your Rental Property
Landlord Liability Insurance: How to Protect Your Rental Property
Tenant Damage
Uninhabitability
Tenant Injury
Homeowners Insurance vs. Landlord Liability Insurance
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 Uninhabitability
An uninhabitability clause follows a similar purpose to tenant damage or tenant guest damage, but goes significantly further as it is intended to protect the landlord against damage that makes rooms or even the entire building uninhabitable. During repairs and inspections, you can't rent out that apartment or house, and that results in a significant loss of profit. Landlord insurance will sometimes cover you for as long as twelve months, provided it takes that long to make the repairs in question. Tenant Injury
Tenant injury and tenant guest injury clauses provide protection both from medical and legal bills that arise from injuries on the rental property. In most states, you, as the landlord, will be liable for harm that occurs because of certain injuries on the property. The tenant must generally prove that you were somehow negligent in your maintenance of the rental property or that your failure to act caused the injury. But some states, like New York, have a fairly low standard for determining landlord liability. This particular rental insurance clause provides a way to cover the medical expenses of tenants and their guests, as well as the legal fees. Some rental insurance companies even provide legal counsel options if you decide you don't want to represent yourself. Homeowners Insurance vs. Landlord Liability Insurance
Landlord insurance can be expensive, but it helps protect you against some of the specific risks you'll face when dealing with tenants.

Landlord Liability Insurance: How to Protect Your Rental Property

Landlord Liability Insurance: How to Protect Your Rental Property
Landlord Liability Insurance: How to Protect Your Rental Property
Tenant Damage
Uninhabitability
Tenant Injury
Homeowners Insurance vs. Landlord Liability Insurance
Legal Advice in Minutes
Real Lawyers. Real Answers. Right Now.
Customers love us
A helpful tool
Easy to use
You won't regret it
All the legal help you need. Anytime. Anywhere.
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Uninhabitability
An uninhabitability clause follows a similar purpose to tenant damage or tenant guest damage, but goes significantly further as it is intended to protect the landlord against damage that makes rooms or even the entire building uninhabitable. During repairs and inspections, you can't rent out that apartment or house, and that results in a significant loss of profit. Landlord insurance will sometimes cover you for as long as twelve months, provided it takes that long to make the repairs in question. Tenant Injury
Tenant injury and tenant guest injury clauses provide protection both from medical and legal bills that arise from injuries on the rental property. In most states, you, as the landlord, will be liable for harm that occurs because of certain injuries on the property. The tenant must generally prove that you were somehow negligent in your maintenance of the rental property or that your failure to act caused the injury. But some states, like New York, have a fairly low standard for determining landlord liability. This particular rental insurance clause provides a way to cover the medical expenses of tenants and their guests, as well as the legal fees. Some rental insurance companies even provide legal counsel options if you decide you don't want to represent yourself. Homeowners Insurance vs. Landlord Liability Insurance
Landlord insurance can be expensive, but it helps protect you against some of the specific risks you'll face when dealing with tenants.

Landlord Lawsuit: Suing a Tenant for Damages or Unpaid Rent
Clovered's COVID-19 Response Yes, the most common landlord-tenant lawsuits are derived from damages to the rental home. But whether or not those damages must be paid for by the tenant is on a case-by-case basis. If damage to the rental property doesn’t exceed the security deposit, there’s no reason to take a tenant to court. However, if the cost to repair those damages far exceeds the security deposit (and isn’t considered to be general wear and tear ), the next step for both parties is small claims court. For a landlord to win the lawsuit, they must have proof beyond a reasonable doubt that the damage occurred while the tenant was living in the home. Even if a friend of the tenant damaged the property, the landlord may still the tenant because they were responsible for the damages. In the interim, or after the suit has taken place, the tenant may then turn around and sue the party that was at fault for the damages. But it makes more sense for a landlord to sue the tenant instead of the tenant’s friend because of the legally binding lease agreement. Protect Your Investment With Landlord Insurance
You’ve worked hard to buy your rental property. Protect it with a custom policy at an affordable price.

Landlord Lawsuit: Suing a Tenant for Damages or Unpaid Rent

Yes, the most common landlord-tenant lawsuits are derived from damages to the rental home. But whether or not those damages must be paid for by the tenant is on a case-by-case basis. If damage to the rental property doesn’t exceed the security deposit, there’s no reason to take a tenant to court. However, if the cost to repair those damages far exceeds the security deposit (and isn’t considered to be general wear and tear ), the next step for both parties is small claims court. For a landlord to win the lawsuit, they must have proof beyond a reasonable doubt that the damage occurred while the tenant was living in the home. Even if a friend of the tenant damaged the property, the landlord may still the tenant because they were responsible for the damages. In the interim, or after the suit has taken place, the tenant may then turn around and sue the party that was at fault for the damages. But it makes more sense for a landlord to sue the tenant instead of the tenant’s friend because of the legally binding lease agreement. Protect Your Investment With Landlord Insurance
You’ve worked hard to buy your rental property. Protect it with a custom policy at an affordable price.

Dog Law :: Landlords and Dogs > Landlord Liability for Tenants' Dogs :: DogLaw.HugPug.com
Landlord Liability for Tenants' Dogs
Knowing About and Having Power to Remove the Dog
INJURIES OFF THE LANDLORD'S PROPERTY
Harboring a Tenant's Dog
Endnotes
 Dog Law :: Landlords and Dogs > Landlord Liability for Tenants' Dogs :: DogLaw.HugPug.com
Landlord Liability for Tenants' Dogs
One of the reasons landlords are reluctant to rent to tenants with pets is  that in some circumstances, a landlord may be financially responsible for  damage or injury caused by a tenant's dog. In other words, if the injured  person sues the landlord, the landlord, as well as the dog's owner, may end  up paying. Tenants must be prepared to deal with the landlord's fear of  liability. In most circumstances, a landlord isn't liable for injuries inflicted by a  tenant's dog. Just leasing premises to a tenant with a dog usually isn't  enough, by itself, to make a landlord legally responsible for a tenant's dog. For example, if a tenant's apparently friendly dog bites someone, the  landlord isn't liable for the injury. 33
In general, when a tenant's dog injures someone, courts hold the  landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed;

Dog Law :: Landlords and Dogs > Landlord Liability for Tenants' Dogs :: DogLaw.HugPug.com

Landlord Liability for Tenants' Dogs
Knowing About and Having Power to Remove the Dog
INJURIES OFF THE LANDLORD'S PROPERTY
Harboring a Tenant's Dog
Endnotes

Dog Law :: Landlords and Dogs > Landlord Liability for Tenants' Dogs :: DogLaw.HugPug.com
Landlord Liability for Tenants' Dogs
One of the reasons landlords are reluctant to rent to tenants with pets is  that in some circumstances, a landlord may be financially responsible for  damage or injury caused by a tenant's dog. In other words, if the injured  person sues the landlord, the landlord, as well as the dog's owner, may end  up paying. Tenants must be prepared to deal with the landlord's fear of  liability. In most circumstances, a landlord isn't liable for injuries inflicted by a  tenant's dog. Just leasing premises to a tenant with a dog usually isn't  enough, by itself, to make a landlord legally responsible for a tenant's dog. For example, if a tenant's apparently friendly dog bites someone, the  landlord isn't liable for the injury. 33
In general, when a tenant's dog injures someone, courts hold the  landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed;

Breaking A Lease | Tenants Union Breaking A Lease
Before using this information, please read:
Breaking A Lease
 See Repairs for details and more information on utilizing this remedy. RCW 59.18.575: Protections for domestic violence survivors, stalking or sexual assault, or unlawful harassment by a landlord or landlord’s agent (see Landlord-Tenant Issues for Survivors of Domestic Violence for more information). RCW 59.18.352, RCW 59.18.354: A tenant is threatened by a neighbor with a deadly weapon resulting in an arrest, and landlord fails to file an eviction action; the tenant is threatened by the landlord with a deadly weapon resulting in arrest. For more information, see Roommates & Neighbors. There may be any number of other serious reasons renters choose to break their lease, including: health reasons, irreconcilable problems with neighbors or management, noise problems, and concerns about safety or security. As serious as these problems may be, the Landlord Tenant Act does not explicitly allow tenants to break their lease for these reasons.

Breaking A Lease | Tenants Union

Breaking A Lease
Before using this information, please read:
Breaking A Lease

See Repairs for details and more information on utilizing this remedy. RCW 59.18.575: Protections for domestic violence survivors, stalking or sexual assault, or unlawful harassment by a landlord or landlord’s agent (see Landlord-Tenant Issues for Survivors of Domestic Violence for more information). RCW 59.18.352, RCW 59.18.354: A tenant is threatened by a neighbor with a deadly weapon resulting in an arrest, and landlord fails to file an eviction action; the tenant is threatened by the landlord with a deadly weapon resulting in arrest. For more information, see Roommates & Neighbors. There may be any number of other serious reasons renters choose to break their lease, including: health reasons, irreconcilable problems with neighbors or management, noise problems, and concerns about safety or security. As serious as these problems may be, the Landlord Tenant Act does not explicitly allow tenants to break their lease for these reasons.

Landlord Liability for Slip and Fall Injuries | Nolo Landlord Liability for Slip and Fall Injuries
Landlord Liability for Slip and Fall Injuries
A look at legal responsibility for injuries on rental property.
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Negligence in a Slip and Fall Case
Slip and Fall Inside Your Rental Apartment or House
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Proving Liability Against Your Landlord
 Just about the only way that you could hold a landlord responsible for a leak that you didn't tell him/her about is if the leak was due to the plumbing being in such bad shape that any reasonable landlord should have known that the pipes would be leaking. But, in reality, if a rental place was in that stage of neglect, a jury might very well rule against the tenant on the ground that they should have known what they were getting into when renting such an apartment or house. If, on the other hand, you had informed your landlord about the leak, and he/she failed to fix it, and then you slipped and fell, your landlord is probably going to be liable for your injuries. However, you must remember that slip and fall cases are not easy to win. Juries tend to think that people should just watch where they are going. A jury could very well think that, if you knew there was a leak, you should have been more careful. Common Areas or Exterior of Rental Property
Let's say that you slipped on ice or snow on the sidewalk going from the front door to the street. That is certainly your landlord's property, but was it the landlord's responsibility to shovel the snow? In this situation, the landlord's liability will depend on your lease with the landlord. If the lease says that you must shovel the snow, since you're renting the house and the landlord lives out of state, then the landlord will not be responsible.

Landlord Liability for Slip and Fall Injuries | Nolo

Landlord Liability for Slip and Fall Injuries
Landlord Liability for Slip and Fall Injuries
A look at legal responsibility for injuries on rental property.
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Featured In
Negligence in a Slip and Fall Case
Slip and Fall Inside Your Rental Apartment or House
Common Areas or Exterior of Rental Property
Proving Liability Against Your Landlord

Just about the only way that you could hold a landlord responsible for a leak that you didn't tell him/her about is if the leak was due to the plumbing being in such bad shape that any reasonable landlord should have known that the pipes would be leaking. But, in reality, if a rental place was in that stage of neglect, a jury might very well rule against the tenant on the ground that they should have known what they were getting into when renting such an apartment or house. If, on the other hand, you had informed your landlord about the leak, and he/she failed to fix it, and then you slipped and fell, your landlord is probably going to be liable for your injuries. However, you must remember that slip and fall cases are not easy to win. Juries tend to think that people should just watch where they are going. A jury could very well think that, if you knew there was a leak, you should have been more careful. Common Areas or Exterior of Rental Property
Let's say that you slipped on ice or snow on the sidewalk going from the front door to the street. That is certainly your landlord's property, but was it the landlord's responsibility to shovel the snow? In this situation, the landlord's liability will depend on your lease with the landlord. If the lease says that you must shovel the snow, since you're renting the house and the landlord lives out of state, then the landlord will not be responsible.

Dog Law :: Landlords and Dogs > Landlord Liability for Tenants' Dogs :: DogLaw.HugPug.com
Landlord Liability for Tenants' Dogs
Knowing About and Having Power to Remove the Dog
INJURIES OFF THE LANDLORD'S PROPERTY
Harboring a Tenant's Dog
Endnotes
 In most circumstances, a landlord isn't liable for injuries inflicted by a  tenant's dog. Just leasing premises to a tenant with a dog usually isn't  enough, by itself, to make a landlord legally responsible for a tenant's dog. For example, if a tenant's apparently friendly dog bites someone, the  landlord isn't liable for the injury. 33
In general, when a tenant's dog injures someone, courts hold the  landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed; or
"harbored" or "kept" the tenant's dog - that is, cared for or had some  control over the dog. These factors are discussed just below. They apply to homeowners'  associations, which control common areas in their developments, as well as  traditional landlords. 34
If a landlord is found financially liable, the liability coverage of the  building owner's insurance may cover the loss. ( Liability insurance is  discussed in Dog Bites .)

In most circumstances, a landlord isn't liable for injuries inflicted by a  tenant's dog. Just leasing premises to a tenant with a dog usually isn't  enough, by itself, to make a landlord legally responsible for a tenant's dog. For example, if a tenant's apparently friendly dog bites someone, the  landlord isn't liable for the injury. 33
In general, when a tenant's dog injures someone, courts hold the  landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed; or
"harbored" or "kept" the tenant's dog - that is, cared for or had some  control over the dog. These factors are discussed just below. They apply to homeowners'  associations, which control common areas in their developments, as well as  traditional landlords. 34
If a landlord is found financially liable, the liability coverage of the  building owner's insurance may cover the loss. ( Liability insurance is  discussed in Dog Bites .)

Tenants' Rights: When to Hire a Lawyer | Nolo Tenants' Rights: When to Hire a Lawyer
Tenants' Rights: When to Hire a Lawyer
Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter.
Your Landlord is Evicting You
Your Landlord is Evicting You Without Proper Court Procedures
Your Landlord Discriminates Against You
Your Landlord Won't Make Necessary Repairs
Your Landlord Isn't Fulfilling Promises
You've Been Injured or Made Ill
Your Property Has Been Damaged
How to Get a Lawyer's Help
 Your Landlord Isn't Fulfilling Promises
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighborhood crime rate, a landlord might promise to install a more effective intercom system or an electronic, gated parking lot. If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through. You've Been Injured or Made Ill
Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, your landlord might be liable for any injuries. For example, you might break your leg after slipping on an icy patch on the front steps of your building. ( Perhaps the landlord should have arranged for regular de-icing, which would have removed the danger.) Or, you might discover an outbreak of mold in your rental—only after it has made you and your family very ill. In this case you'll want a personal injury lawyer with experience in premises liability. Even if your landlord didn't personally or intentionally create the problem, there are many legal theories available to convince a court or insurance adjustor that the landlord should be held responsible.

Tenants' Rights: When to Hire a Lawyer | Nolo

Tenants' Rights: When to Hire a Lawyer
Tenants' Rights: When to Hire a Lawyer
Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter.
Your Landlord is Evicting You
Your Landlord is Evicting You Without Proper Court Procedures
Your Landlord Discriminates Against You
Your Landlord Won't Make Necessary Repairs
Your Landlord Isn't Fulfilling Promises
You've Been Injured or Made Ill
Your Property Has Been Damaged
How to Get a Lawyer's Help

Your Landlord Isn't Fulfilling Promises
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighborhood crime rate, a landlord might promise to install a more effective intercom system or an electronic, gated parking lot. If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through. You've Been Injured or Made Ill
Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, your landlord might be liable for any injuries. For example, you might break your leg after slipping on an icy patch on the front steps of your building. ( Perhaps the landlord should have arranged for regular de-icing, which would have removed the danger.) Or, you might discover an outbreak of mold in your rental—only after it has made you and your family very ill. In this case you'll want a personal injury lawyer with experience in premises liability. Even if your landlord didn't personally or intentionally create the problem, there are many legal theories available to convince a court or insurance adjustor that the landlord should be held responsible.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
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Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty
 For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner (not the tenant) will probably be held liable. An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. Note that if the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant. Finally, if a lease or ordinance doesn't make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition. However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant's control of the property. Learn more about a landlord's liability for a tenant's injuries. Examples of Owner vs. Occupier Liabilty
Example A: A tenant invites a guest to her apartment.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw

Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty

For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner (not the tenant) will probably be held liable. An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. Note that if the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant. Finally, if a lease or ordinance doesn't make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition. However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant's control of the property. Learn more about a landlord's liability for a tenant's injuries. Examples of Owner vs. Occupier Liabilty
Example A: A tenant invites a guest to her apartment.

Landlord Liability for Slip and Fall Injuries | Nolo Landlord Liability for Slip and Fall Injuries
Landlord Liability for Slip and Fall Injuries
A look at legal responsibility for injuries on rental property.
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Negligence in a Slip and Fall Case
Slip and Fall Inside Your Rental Apartment or House
Common Areas or Exterior of Rental Property
Proving Liability Against Your Landlord
 Slip and Fall Inside Your Rental Apartment or House
Let's say that there is a leak in the ceiling of your rental apartment, and it is dripping on the floor, and you end up slipping and falling. The key in this case is whether the landlord knew or should have known of the leak. Let's look at both scenarios. If, hypothetically, the leak just started and you did not notify the landlord, it is very unlikely that you would be able to hold the landlord responsible for your injuries. In that case, the landlord knew nothing about the leak and had no opportunity to act reasonably and fix it. Just about the only way that you could hold a landlord responsible for a leak that you didn't tell him/her about is if the leak was due to the plumbing being in such bad shape that any reasonable landlord should have known that the pipes would be leaking. But, in reality, if a rental place was in that stage of neglect, a jury might very well rule against the tenant on the ground that they should have known what they were getting into when renting such an apartment or house. If, on the other hand, you had informed your landlord about the leak, and he/she failed to fix it, and then you slipped and fell, your landlord is probably going to be liable for your injuries. However, you must remember that slip and fall cases are not easy to win. Juries tend to think that people should just watch where they are going.

Slip and Fall Inside Your Rental Apartment or House
Let's say that there is a leak in the ceiling of your rental apartment, and it is dripping on the floor, and you end up slipping and falling. The key in this case is whether the landlord knew or should have known of the leak. Let's look at both scenarios. If, hypothetically, the leak just started and you did not notify the landlord, it is very unlikely that you would be able to hold the landlord responsible for your injuries. In that case, the landlord knew nothing about the leak and had no opportunity to act reasonably and fix it. Just about the only way that you could hold a landlord responsible for a leak that you didn't tell him/her about is if the leak was due to the plumbing being in such bad shape that any reasonable landlord should have known that the pipes would be leaking. But, in reality, if a rental place was in that stage of neglect, a jury might very well rule against the tenant on the ground that they should have known what they were getting into when renting such an apartment or house. If, on the other hand, you had informed your landlord about the leak, and he/she failed to fix it, and then you slipped and fell, your landlord is probably going to be liable for your injuries. However, you must remember that slip and fall cases are not easy to win. Juries tend to think that people should just watch where they are going.

Landlord Liability Insurance: How to Protect Your Rental Property Landlord Liability Insurance: How to Protect Your Rental Property
Landlord Liability Insurance: How to Protect Your Rental Property
Tenant Damage
Uninhabitability
Tenant Injury
Homeowners Insurance vs. Landlord Liability Insurance
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 Get started Protect Your Rental Property Answer some questions. We’ll take care of the rest. Landlord liability insurance typically protects against all of the primary items a traditional homeowner's insurance policy protects against with the addition of: • Tenant damage or tenant guest damage
• Uninhabitability
• Tenant injury or tenant guest injury
Tenant Damage
Tenant damage or tenant guest damage refers to any damages that the tenant or his guests make to your property during the time that you're renting it out. Whether a tenant trashes the rental home before leaving or simply fails to maintain the property at all during their stay there, landlord insurance means the owner doesn't have to pay out-of-pocket to make repairs. Uninhabitability
An uninhabitability clause follows a similar purpose to tenant damage or tenant guest damage, but goes significantly further as it is intended to protect the landlord against damage that makes rooms or even the entire building uninhabitable. During repairs and inspections, you can't rent out that apartment or house, and that results in a significant loss of profit. Landlord insurance will sometimes cover you for as long as twelve months, provided it takes that long to make the repairs in question. Tenant Injury
Tenant injury and tenant guest injury clauses provide protection both from medical and legal bills that arise from injuries on the rental property. In most states, you, as the landlord, will be liable for harm that occurs because of certain injuries on the property.

Get started Protect Your Rental Property Answer some questions. We’ll take care of the rest. Landlord liability insurance typically protects against all of the primary items a traditional homeowner's insurance policy protects against with the addition of: • Tenant damage or tenant guest damage
• Uninhabitability
• Tenant injury or tenant guest injury
Tenant Damage
Tenant damage or tenant guest damage refers to any damages that the tenant or his guests make to your property during the time that you're renting it out. Whether a tenant trashes the rental home before leaving or simply fails to maintain the property at all during their stay there, landlord insurance means the owner doesn't have to pay out-of-pocket to make repairs. Uninhabitability
An uninhabitability clause follows a similar purpose to tenant damage or tenant guest damage, but goes significantly further as it is intended to protect the landlord against damage that makes rooms or even the entire building uninhabitable. During repairs and inspections, you can't rent out that apartment or house, and that results in a significant loss of profit. Landlord insurance will sometimes cover you for as long as twelve months, provided it takes that long to make the repairs in question. Tenant Injury
Tenant injury and tenant guest injury clauses provide protection both from medical and legal bills that arise from injuries on the rental property. In most states, you, as the landlord, will be liable for harm that occurs because of certain injuries on the property.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
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Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty
 3) Whoever is legally entitled to occupy the property is liable when the first two tests above don't apply. So, a tenant or other occupier is not only potentially liable for injuries occurring on that part of the property they are legally renting out, but on any part of the property that they intentionally take control of. Owner Liability for Injuries on the Property
If a property is not rented out or otherwise occupied, the owner is a potentially liable party. However, even with a tenant or other occupier on the property, an owner can still be liable (in whole or in part) in several situations. First, an owner can be liable for injuries occurring on any part of the property over which the owner has retained control. For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner (not the tenant) will probably be held liable. An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. Note that if the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant.

3) Whoever is legally entitled to occupy the property is liable when the first two tests above don't apply. So, a tenant or other occupier is not only potentially liable for injuries occurring on that part of the property they are legally renting out, but on any part of the property that they intentionally take control of. Owner Liability for Injuries on the Property
If a property is not rented out or otherwise occupied, the owner is a potentially liable party. However, even with a tenant or other occupier on the property, an owner can still be liable (in whole or in part) in several situations. First, an owner can be liable for injuries occurring on any part of the property over which the owner has retained control. For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner (not the tenant) will probably be held liable. An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. Note that if the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant.

Landlord Liability for Slip and Fall Injuries | Nolo Landlord Liability for Slip and Fall Injuries
Landlord Liability for Slip and Fall Injuries
A look at legal responsibility for injuries on rental property.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Negligence in a Slip and Fall Case
Slip and Fall Inside Your Rental Apartment or House
Common Areas or Exterior of Rental Property
Proving Liability Against Your Landlord
 A jury could very well think that, if you knew there was a leak, you should have been more careful. Common Areas or Exterior of Rental Property
Let's say that you slipped on ice or snow on the sidewalk going from the front door to the street. That is certainly your landlord's property, but was it the landlord's responsibility to shovel the snow? In this situation, the landlord's liability will depend on your lease with the landlord. If the lease says that you must shovel the snow, since you're renting the house and the landlord lives out of state, then the landlord will not be responsible. But if the lease says that the landlord must shovel the snow, then the landlord will be responsible whether or not you tell him about the snow. ( Learn more about Sidewalk Slip and Falls .) Another example might be slipping on the exterior stairs of your house or apartment. If you slipped on a foreign substance on the stairs, you're probably not going to win that case. The landlord isn't there and generally has no obligation to clean up foreign substances in the common areas that he/she can't possibly know are there.

A jury could very well think that, if you knew there was a leak, you should have been more careful. Common Areas or Exterior of Rental Property
Let's say that you slipped on ice or snow on the sidewalk going from the front door to the street. That is certainly your landlord's property, but was it the landlord's responsibility to shovel the snow? In this situation, the landlord's liability will depend on your lease with the landlord. If the lease says that you must shovel the snow, since you're renting the house and the landlord lives out of state, then the landlord will not be responsible. But if the lease says that the landlord must shovel the snow, then the landlord will be responsible whether or not you tell him about the snow. ( Learn more about Sidewalk Slip and Falls .) Another example might be slipping on the exterior stairs of your house or apartment. If you slipped on a foreign substance on the stairs, you're probably not going to win that case. The landlord isn't there and generally has no obligation to clean up foreign substances in the common areas that he/she can't possibly know are there.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
Free Case Evaluation
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— The New York Times
Why You Can Trust Us
Featured In
Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty
 Finally, if a lease or ordinance doesn't make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition. However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant's control of the property. Learn more about a landlord's liability for a tenant's injuries. Examples of Owner vs. Occupier Liabilty
Example A: A tenant invites a guest to her apartment. A puddle has formed inside the tenant's apartment next to the tenant's umbrella stand. The guest slips and falls because of the puddle, and is injured. Because the injury occurred in the tenant's apartment and the puddle was caused by the tenant's own umbrella stand (which the tenant controls), the tenant will be liable to the guest. Example B: A tenant invites a guest to her apartment.

Finally, if a lease or ordinance doesn't make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition. However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant's control of the property. Learn more about a landlord's liability for a tenant's injuries. Examples of Owner vs. Occupier Liabilty
Example A: A tenant invites a guest to her apartment. A puddle has formed inside the tenant's apartment next to the tenant's umbrella stand. The guest slips and falls because of the puddle, and is injured. Because the injury occurred in the tenant's apartment and the puddle was caused by the tenant's own umbrella stand (which the tenant controls), the tenant will be liable to the guest. Example B: A tenant invites a guest to her apartment.

Breaking a Lease in Wisconsin [2021]: ALL Legal Reasons Breaking a Lease in Wisconsin
Breaking a Lease in Wisconsin
Lease Termination Notice Requirements in Wisconsin
Conditions for Legally Breaking a Lease in Wisconsin
1. Early Termination Clause
2. Active Military Duty
3. Unit is Uninhabitable
4. Landlord Harassment or Privacy Violation
5. Violation of Lease Agreement
6. Domestic Violence
Examples of Insufficient Justification for Lease Breaking in Wisconsin
Landlord’s Responsibility to Rerent in Wisconsin
Tenant’s Right to Sublet in Wisconsin
Additional Resources for Wisconsin Tenants & Landlords:
 Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814, Stats. Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement. States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect the ordinary maintenance obligations of a tenant under s. 704.07, Stats., or of a tenant under a rental agreement or other written agreement between the landlord and the tenant. Imposes liability on a tenant for any of the following: Personal injury arising from causes clearly beyond the tenant’s control. Property damage caused by natural disasters, or by persons other than the tenant or the tenant’s guests or invitees.

Breaking a Lease in Wisconsin [2021]: ALL Legal Reasons

Breaking a Lease in Wisconsin
Breaking a Lease in Wisconsin
Lease Termination Notice Requirements in Wisconsin
Conditions for Legally Breaking a Lease in Wisconsin
1. Early Termination Clause
2. Active Military Duty
3. Unit is Uninhabitable
4. Landlord Harassment or Privacy Violation
5. Violation of Lease Agreement
6. Domestic Violence
Examples of Insufficient Justification for Lease Breaking in Wisconsin
Landlord’s Responsibility to Rerent in Wisconsin
Tenant’s Right to Sublet in Wisconsin
Additional Resources for Wisconsin Tenants & Landlords:

Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814, Stats. Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement. States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect the ordinary maintenance obligations of a tenant under s. 704.07, Stats., or of a tenant under a rental agreement or other written agreement between the landlord and the tenant. Imposes liability on a tenant for any of the following: Personal injury arising from causes clearly beyond the tenant’s control. Property damage caused by natural disasters, or by persons other than the tenant or the tenant’s guests or invitees.

Renters Liability Insurance: Learn How It Works | Trusted Choice Can Renters Liability Protect You in Court?
Renters Liability Insurance
Can Renters Liability Protect You in Court?
(Here's exactly how everything works)
What You Should Know About Renters Liability Claims
Why Would I Need Renters Liability Insurance?
Won’t My Landlord be Responsible for these Charges?
If My Visitor Is Injured, Won’t Their Medical Insurance Cover It?
Will Renters Liability Insurance Cover My Legal Fees?
What If I Don’t Have Any Assets to Protect?
What if My Liability Coverage Isn’t High Enough?
Make an Informed Decision on Your Renters Liability Insurance
 Many tenants believe that their landlord’s insurance will cover the costs of liability claims and lawsuits, but this is not always the case. Landlords are only held responsible if the injury or property damage resulted from their failure to properly maintain their property. For example, if a guest falls on your wet kitchen floor, you may be held liable, whereas if someone falls down the stairs because of a loose footboard that your landlord has failed to repair, your landlord will most likely be held responsible. While those who live in apartments are generally not responsible for keeping outdoor walkways clean and clear, renters in single-family dwellings often are. Check your lease if you are unsure where the responsibility lies. If My Visitor Is Injured, Won’t Their Medical Insurance Cover It? A visitor’s health insurance may cover the costs of medical expenses after an injury in your rental home, or they may not. If a guest injured in your home is uninsured, or if that person’s health insurance co-pays and deductibles are very high, you may be required to cover their out-of-pocket costs. If the injured guest subsequently has unpaid days off work as a result of the injury, you may be responsible for restitution for lost wages. Finally, if the injuries are severe and the injured party can prove willful negligence on your part, you may be responsible for punitive damages as well.

Renters Liability Insurance: Learn How It Works | Trusted Choice

Can Renters Liability Protect You in Court?
Renters Liability Insurance
Can Renters Liability Protect You in Court?
(Here's exactly how everything works)
What You Should Know About Renters Liability Claims
Why Would I Need Renters Liability Insurance?
Won’t My Landlord be Responsible for these Charges?
If My Visitor Is Injured, Won’t Their Medical Insurance Cover It?
Will Renters Liability Insurance Cover My Legal Fees?
What If I Don’t Have Any Assets to Protect?
What if My Liability Coverage Isn’t High Enough?
Make an Informed Decision on Your Renters Liability Insurance

Many tenants believe that their landlord’s insurance will cover the costs of liability claims and lawsuits, but this is not always the case. Landlords are only held responsible if the injury or property damage resulted from their failure to properly maintain their property. For example, if a guest falls on your wet kitchen floor, you may be held liable, whereas if someone falls down the stairs because of a loose footboard that your landlord has failed to repair, your landlord will most likely be held responsible. While those who live in apartments are generally not responsible for keeping outdoor walkways clean and clear, renters in single-family dwellings often are. Check your lease if you are unsure where the responsibility lies. If My Visitor Is Injured, Won’t Their Medical Insurance Cover It? A visitor’s health insurance may cover the costs of medical expenses after an injury in your rental home, or they may not. If a guest injured in your home is uninsured, or if that person’s health insurance co-pays and deductibles are very high, you may be required to cover their out-of-pocket costs. If the injured guest subsequently has unpaid days off work as a result of the injury, you may be responsible for restitution for lost wages. Finally, if the injuries are severe and the injured party can prove willful negligence on your part, you may be responsible for punitive damages as well.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
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Examples of Owner vs. Occupier Liabilty
 A puddle has formed inside the tenant's apartment next to the tenant's umbrella stand. The guest slips and falls because of the puddle, and is injured. Because the injury occurred in the tenant's apartment and the puddle was caused by the tenant's own umbrella stand (which the tenant controls), the tenant will be liable to the guest. Example B: A tenant invites a guest to her apartment. At the main entrance to the apartment building, the guest slips on a puddle that has formed next to an umbrella stand provided by the owner-landlord. The landlord will probably be held liable for the guest's injuries. Example C: A grocery business owner runs his store in a leased building. A customer slips on a puddle of milk and is injured.

A puddle has formed inside the tenant's apartment next to the tenant's umbrella stand. The guest slips and falls because of the puddle, and is injured. Because the injury occurred in the tenant's apartment and the puddle was caused by the tenant's own umbrella stand (which the tenant controls), the tenant will be liable to the guest. Example B: A tenant invites a guest to her apartment. At the main entrance to the apartment building, the guest slips on a puddle that has formed next to an umbrella stand provided by the owner-landlord. The landlord will probably be held liable for the guest's injuries. Example C: A grocery business owner runs his store in a leased building. A customer slips on a puddle of milk and is injured.

 Can landlord use home insurance claim if tenants wreck property? If the tenant damages the property he is liable for such
damages. The Landlord may or may not have his own insurance for
this purpose but the tenant is liable. If the Tenant has his own
insurance (Renter's Insurance) then the Tenant may file a claim and
damages will be covered by that insurance. Landlord Tenant Law Lawyer: Helping Both Renters and Landlords? Landlord and tenant law is complicated and confusing to most individuals. These laws outline a landlord's rights and the rights of the tenant, in order to protect both parties. Landlord and tenant law regulates everything from eviction, to tenant privacy rights, to the duties of both landlord and tenant. Laws regarding residential renting vary by region, but are commonly based off of the Uniform Residential Landlord and Tenant Act, or URLTA, and/or the Model Residential Landlord Tenant Code.

Can landlord use home insurance claim if tenants wreck property? If the tenant damages the property he is liable for such
damages. The Landlord may or may not have his own insurance for
this purpose but the tenant is liable. If the Tenant has his own
insurance (Renter's Insurance) then the Tenant may file a claim and
damages will be covered by that insurance. Landlord Tenant Law Lawyer: Helping Both Renters and Landlords? Landlord and tenant law is complicated and confusing to most individuals. These laws outline a landlord's rights and the rights of the tenant, in order to protect both parties. Landlord and tenant law regulates everything from eviction, to tenant privacy rights, to the duties of both landlord and tenant. Laws regarding residential renting vary by region, but are commonly based off of the Uniform Residential Landlord and Tenant Act, or URLTA, and/or the Model Residential Landlord Tenant Code.

Renters Liability Insurance: Learn How It Works | Trusted Choice Can Renters Liability Protect You in Court?
Renters Liability Insurance
Can Renters Liability Protect You in Court?
(Here's exactly how everything works)
What You Should Know About Renters Liability Claims
Why Would I Need Renters Liability Insurance?
Won’t My Landlord be Responsible for these Charges?
If My Visitor Is Injured, Won’t Their Medical Insurance Cover It?
Will Renters Liability Insurance Cover My Legal Fees?
What If I Don’t Have Any Assets to Protect?
What if My Liability Coverage Isn’t High Enough?
Make an Informed Decision on Your Renters Liability Insurance
 This means that if you accidently cause a fire or cause water damage, you will be responsible for paying all associated repair and replacement costs. This includes covering property damage in neighboring units if the damage spreads beyond your rental home. Renters liability insurance will cover the costs of liability claims from libel or slander, as well as the costs of injuries, property damage repair costs, and your legal defense, up to the limits set on your policy. The main reason to buy renters liability insurance, therefore, is to protect your assets and savings in the event that someone files a claim against you. Won’t My Landlord be Responsible for these Charges? Many tenants believe that their landlord’s insurance will cover the costs of liability claims and lawsuits, but this is not always the case. Landlords are only held responsible if the injury or property damage resulted from their failure to properly maintain their property. For example, if a guest falls on your wet kitchen floor, you may be held liable, whereas if someone falls down the stairs because of a loose footboard that your landlord has failed to repair, your landlord will most likely be held responsible. While those who live in apartments are generally not responsible for keeping outdoor walkways clean and clear, renters in single-family dwellings often are. Check your lease if you are unsure where the responsibility lies.

This means that if you accidently cause a fire or cause water damage, you will be responsible for paying all associated repair and replacement costs. This includes covering property damage in neighboring units if the damage spreads beyond your rental home. Renters liability insurance will cover the costs of liability claims from libel or slander, as well as the costs of injuries, property damage repair costs, and your legal defense, up to the limits set on your policy. The main reason to buy renters liability insurance, therefore, is to protect your assets and savings in the event that someone files a claim against you. Won’t My Landlord be Responsible for these Charges? Many tenants believe that their landlord’s insurance will cover the costs of liability claims and lawsuits, but this is not always the case. Landlords are only held responsible if the injury or property damage resulted from their failure to properly maintain their property. For example, if a guest falls on your wet kitchen floor, you may be held liable, whereas if someone falls down the stairs because of a loose footboard that your landlord has failed to repair, your landlord will most likely be held responsible. While those who live in apartments are generally not responsible for keeping outdoor walkways clean and clear, renters in single-family dwellings often are. Check your lease if you are unsure where the responsibility lies.

Tenant Breaking a Lease: What to do? | Zillow Rental Manager Tenant Breaking a Lease? Here's What You Should Know.
Tenant Breaking a Lease? Here's What You Should Know.
Know your rights and responsibilities as a landlord
Review the lease with your tenant
Understand the reasons for breaking a lease
Breaking a lease for military duty
Breaking a lease because of unlivable conditions
Breaking a lease because of domestic violence
Breaking a month-to-month lease
Breaking a lease due to loss of wages
Include terms for breaking a lease
Subleasing clause
Cost to break a lease
Require your tenant to give notice in writing
Want more landlord tips and articles? Sign up for our monthly newsletter:
 Check local and state laws and consider speaking with a local attorney. You may also be required to pay moving expenses. Breaking a lease because of domestic violence
Some states may allow victims of domestic violence to break a lease without penalty by providing the landlord a written notice. Check your local and state laws and consult a local attorney if you want to learn more about the rights of victims of domestic violence. Breaking a month-to-month lease
If your tenant has month-to-month or at-will tenancy, the amount of notice a tenant is required to provide you before breaking the lease will be subject to local law. Be sure to consult a local attorney to learn more about month-to-month leases in your area. Breaking a lease due to loss of wages
If a tenant has lost their job or income due to circumstances beyond their control, some jurisdictions require landlords to work with tenants and make certain accommodations, such as agreeing to a payment plan, based on state or local laws. In addition, due to the COVID-19 pandemic, there may be federal, state and/or local laws that temporarily limit or prohibit landlords from evicting a tenant for nonpayment of rent. Be sure to stay current on any landlord-tenant laws for your state, city or town, and speak with a local attorney if you have any questions. Include terms for breaking a lease
Some leases include an early termination clause which outlines what is to occur if the renter ends the lease early.

Tenant Breaking a Lease: What to do? | Zillow Rental Manager

Tenant Breaking a Lease? Here's What You Should Know.
Tenant Breaking a Lease? Here's What You Should Know.
Know your rights and responsibilities as a landlord
Review the lease with your tenant
Understand the reasons for breaking a lease
Breaking a lease for military duty
Breaking a lease because of unlivable conditions
Breaking a lease because of domestic violence
Breaking a month-to-month lease
Breaking a lease due to loss of wages
Include terms for breaking a lease
Subleasing clause
Cost to break a lease
Require your tenant to give notice in writing
Want more landlord tips and articles? Sign up for our monthly newsletter:

Check local and state laws and consider speaking with a local attorney. You may also be required to pay moving expenses. Breaking a lease because of domestic violence
Some states may allow victims of domestic violence to break a lease without penalty by providing the landlord a written notice. Check your local and state laws and consult a local attorney if you want to learn more about the rights of victims of domestic violence. Breaking a month-to-month lease
If your tenant has month-to-month or at-will tenancy, the amount of notice a tenant is required to provide you before breaking the lease will be subject to local law. Be sure to consult a local attorney to learn more about month-to-month leases in your area. Breaking a lease due to loss of wages
If a tenant has lost their job or income due to circumstances beyond their control, some jurisdictions require landlords to work with tenants and make certain accommodations, such as agreeing to a payment plan, based on state or local laws. In addition, due to the COVID-19 pandemic, there may be federal, state and/or local laws that temporarily limit or prohibit landlords from evicting a tenant for nonpayment of rent. Be sure to stay current on any landlord-tenant laws for your state, city or town, and speak with a local attorney if you have any questions. Include terms for breaking a lease
Some leases include an early termination clause which outlines what is to occur if the renter ends the lease early.

Las Vegas NV "Premises Liability" Laws: Rules, Claims, Lawsuits, Attorneys
 Whether a landowner or tenant should have known of a condition turns on the specific facts of the case. The more “ open and obvious ” a dangerous condition is, the more likely the landowner or tenant should be aware of it. Or if there are clear signs of dangerous hazards that the landlord or tenant chooses to ignore, the landlord or tenant could still be held liable because any reasonable person in their position would have investigated the matter: Property owners have a duty to act reasonably to prevent guests from harm. Example: Jake owns a restaurant in Las Vegas. He hears a persistent creaking in the dining room that keeps getting louder and louder. He does not do anything about it. That weekend a beam in the dining room falls onto a diner and injures him. The diner brings a personal injury lawsuit for restaurant injuries in Nevada.

Las Vegas NV "Premises Liability" Laws: Rules, Claims, Lawsuits, Attorneys

Whether a landowner or tenant should have known of a condition turns on the specific facts of the case. The more “ open and obvious ” a dangerous condition is, the more likely the landowner or tenant should be aware of it. Or if there are clear signs of dangerous hazards that the landlord or tenant chooses to ignore, the landlord or tenant could still be held liable because any reasonable person in their position would have investigated the matter: Property owners have a duty to act reasonably to prevent guests from harm. Example: Jake owns a restaurant in Las Vegas. He hears a persistent creaking in the dining room that keeps getting louder and louder. He does not do anything about it. That weekend a beam in the dining room falls onto a diner and injures him. The diner brings a personal injury lawsuit for restaurant injuries in Nevada.

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 Landlord Liability Insurance: How to Protect Your Rental Property
Answers > Real Estate > Renting and Leasing > Residential Property >
Landlord Liability Insurance: How to Protect Your Rental Property
Real Estate Residential Property
Being a landlord can be rewarding and financially profitable, but it does come with some risks to your property. A good way to protect yourself is to take out landlord liability insurance. In many states, the landlord liability insurance can run concurrent with a traditional homeowner's policy so long as that policy allows rentals, but the landlord insurance comes with more protections that can help you out in the long run. Get started Protect Your Rental Property Answer some questions. We’ll take care of the rest. Landlord liability insurance typically protects against all of the primary items a traditional homeowner's insurance policy protects against with the addition of: • Tenant damage or tenant guest damage
• Uninhabitability
• Tenant injury or tenant guest injury
Tenant Damage
Tenant damage or tenant guest damage refers to any damages that the tenant or his guests make to your property during the time that you're renting it out. Whether a tenant trashes the rental home before leaving or simply fails to maintain the property at all during their stay there, landlord insurance means the owner doesn't have to pay out-of-pocket to make repairs.

Landlord Liability Insurance: How to Protect Your Rental Property
Answers > Real Estate > Renting and Leasing > Residential Property >
Landlord Liability Insurance: How to Protect Your Rental Property
Real Estate Residential Property
Being a landlord can be rewarding and financially profitable, but it does come with some risks to your property. A good way to protect yourself is to take out landlord liability insurance. In many states, the landlord liability insurance can run concurrent with a traditional homeowner's policy so long as that policy allows rentals, but the landlord insurance comes with more protections that can help you out in the long run. Get started Protect Your Rental Property Answer some questions. We’ll take care of the rest. Landlord liability insurance typically protects against all of the primary items a traditional homeowner's insurance policy protects against with the addition of: • Tenant damage or tenant guest damage
• Uninhabitability
• Tenant injury or tenant guest injury
Tenant Damage
Tenant damage or tenant guest damage refers to any damages that the tenant or his guests make to your property during the time that you're renting it out. Whether a tenant trashes the rental home before leaving or simply fails to maintain the property at all during their stay there, landlord insurance means the owner doesn't have to pay out-of-pocket to make repairs.

Property Owner vs. Occupier Liability for Personal Injury | AllLaw Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty
 The typical occupier, when it's not the property owner, will be a residential or commercial tenant. However, even someone who is occupying property without the owner's permission or knowledge can be held responsible under a premises liability fault theory if a judge or jury determines they were in control of the land at the time of the accident. A widely used test goes like this: 1) Whoever is occupying the property with an intent to control it is usually liable. 2) The last person to occupy abandoned property with an intent to control it is usually liable. 3) Whoever is legally entitled to occupy the property is liable when the first two tests above don't apply. So, a tenant or other occupier is not only potentially liable for injuries occurring on that part of the property they are legally renting out, but on any part of the property that they intentionally take control of. Owner Liability for Injuries on the Property
If a property is not rented out or otherwise occupied, the owner is a potentially liable party. However, even with a tenant or other occupier on the property, an owner can still be liable (in whole or in part) in several situations. First, an owner can be liable for injuries occurring on any part of the property over which the owner has retained control.

The typical occupier, when it's not the property owner, will be a residential or commercial tenant. However, even someone who is occupying property without the owner's permission or knowledge can be held responsible under a premises liability fault theory if a judge or jury determines they were in control of the land at the time of the accident. A widely used test goes like this: 1) Whoever is occupying the property with an intent to control it is usually liable. 2) The last person to occupy abandoned property with an intent to control it is usually liable. 3) Whoever is legally entitled to occupy the property is liable when the first two tests above don't apply. So, a tenant or other occupier is not only potentially liable for injuries occurring on that part of the property they are legally renting out, but on any part of the property that they intentionally take control of. Owner Liability for Injuries on the Property
If a property is not rented out or otherwise occupied, the owner is a potentially liable party. However, even with a tenant or other occupier on the property, an owner can still be liable (in whole or in part) in several situations. First, an owner can be liable for injuries occurring on any part of the property over which the owner has retained control.

Can I Sue My Landlord? 7 Times Tenants Can Fight Back Can I Sue My Landlord? 7 Times Tenants Can Fight Back
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Reasons to sue a landlord
How a real estate attorney can help
How to sue a landlord
Risks of suing your landlord—and alternatives to a lawsuit
Search thousands of rental listings at your finger-tips.
 If you can’t live in the property due to health or safety risks—such as the result of a major flood, rat infestation, or storm damage—the apartment could be considered uninhabitable by law, which would require your landlord to make necessary repairs and provide you with temporary housing. Unfortunately, “there is a lot of gray area,” Tamkin says. For instance, “if there is a roach problem but it can be treated by an exterminator, it may not be uninhabitable.” You’re injured while on the premises. Since the landlord is typically responsible for making repairs, you may have a valid case if you suffer an injury while on the property, depending on the circumstances. “ If you are injured as a result of a piece of your ceiling falling and hitting you, and the landlord knew of the problem but failed to correct it, you may have a strong case,” Tamkin says. However, deliberate negligence on your landlord’s part is key; if you noticed a potential safety problem and failed to notify your landlord, then he may be off the hook. Your landlord is violating your right to privacy. As a tenant, you’re entitled to “quiet enjoyment” of your home—meaning your landlord can’t barge in whenever.

Can I Sue My Landlord? 7 Times Tenants Can Fight Back

Can I Sue My Landlord? 7 Times Tenants Can Fight Back
Can I Sue My Landlord? 7 Times Tenants Can Fight Back
Reasons to sue a landlord
How a real estate attorney can help
How to sue a landlord
Risks of suing your landlord—and alternatives to a lawsuit
Search thousands of rental listings at your finger-tips.

If you can’t live in the property due to health or safety risks—such as the result of a major flood, rat infestation, or storm damage—the apartment could be considered uninhabitable by law, which would require your landlord to make necessary repairs and provide you with temporary housing. Unfortunately, “there is a lot of gray area,” Tamkin says. For instance, “if there is a roach problem but it can be treated by an exterminator, it may not be uninhabitable.” You’re injured while on the premises. Since the landlord is typically responsible for making repairs, you may have a valid case if you suffer an injury while on the property, depending on the circumstances. “ If you are injured as a result of a piece of your ceiling falling and hitting you, and the landlord knew of the problem but failed to correct it, you may have a strong case,” Tamkin says. However, deliberate negligence on your landlord’s part is key; if you noticed a potential safety problem and failed to notify your landlord, then he may be off the hook. Your landlord is violating your right to privacy. As a tenant, you’re entitled to “quiet enjoyment” of your home—meaning your landlord can’t barge in whenever.

Can I Sue My Landlord? 7 Times Tenants Can Fight Back Can I Sue My Landlord? 7 Times Tenants Can Fight Back
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Reasons to sue a landlord
How a real estate attorney can help
How to sue a landlord
Risks of suing your landlord—and alternatives to a lawsuit
Search thousands of rental listings at your finger-tips.
 If you are injured as a result of a piece of your ceiling falling and hitting you, and the landlord knew of the problem but failed to correct it, you may have a strong case,” Tamkin says. However, deliberate negligence on your landlord’s part is key; if you noticed a potential safety problem and failed to notify your landlord, then he may be off the hook. Your landlord is violating your right to privacy. As a tenant, you’re entitled to “quiet enjoyment” of your home—meaning your landlord can’t barge in whenever. A landlord is legally allowed to enter a property to make repairs, says Tamkin, “but someone who repeatedly enters a property to see what the tenant is doing for no legal reason could be in violation.” Your landlord doesn’t reimburse you for a repair. Home repairs are typically the landlord’s responsibility, Tamkin says. So let’s say you paid for necessary repairs and your landlord agreed to reimburse you. If he reneges, you could sue to get the money.

If you are injured as a result of a piece of your ceiling falling and hitting you, and the landlord knew of the problem but failed to correct it, you may have a strong case,” Tamkin says. However, deliberate negligence on your landlord’s part is key; if you noticed a potential safety problem and failed to notify your landlord, then he may be off the hook. Your landlord is violating your right to privacy. As a tenant, you’re entitled to “quiet enjoyment” of your home—meaning your landlord can’t barge in whenever. A landlord is legally allowed to enter a property to make repairs, says Tamkin, “but someone who repeatedly enters a property to see what the tenant is doing for no legal reason could be in violation.” Your landlord doesn’t reimburse you for a repair. Home repairs are typically the landlord’s responsibility, Tamkin says. So let’s say you paid for necessary repairs and your landlord agreed to reimburse you. If he reneges, you could sue to get the money.

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury? | Budgeting Money - The Nest Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
TL;DR (Too Long; Didn't Read)
Accidents in the Home
Finding Fault
Accidents and Renter's Insurance
Landlord May be Liable
 If your guest is injured and it's your fault, your policy pays out. Although policies differ, the insurance typically covers the claimant's medical bills and other damages, as well as your legal expenses up to the amount of your coverage. This protection covers the entire rental, inside and out. Thus, if you guest slips on an icy walkway and your lease requires you to keep the property's pathways clear of ice and snow, your renter's policy would cover your guest's medical bills. As with all insurance, check the policy conditions before you buy. Landlord May be Liable
Depending on state law and the terms of your lease, your landlord may be responsible for certain property defects. Many states have habitability laws, which require the landlord to keep the rental unit in good repair, and most residential leases require the landlord to maintain at least the structural parts of the building. If your landlord is responsible for the defective area, knew about the defect, and failed to remedy it within a reasonable time, a court will likely hold him responsible for the accident. It's a good idea to inform the landlord immediately of any repairs that need to be made to the rental property and to document the date you informed him. If repairs have not been made yet when guests arrive, let them know which parts of the rental unit to avoid.

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury? | Budgeting Money - The Nest

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
TL;DR (Too Long; Didn't Read)
Accidents in the Home
Finding Fault
Accidents and Renter's Insurance
Landlord May be Liable

If your guest is injured and it's your fault, your policy pays out. Although policies differ, the insurance typically covers the claimant's medical bills and other damages, as well as your legal expenses up to the amount of your coverage. This protection covers the entire rental, inside and out. Thus, if you guest slips on an icy walkway and your lease requires you to keep the property's pathways clear of ice and snow, your renter's policy would cover your guest's medical bills. As with all insurance, check the policy conditions before you buy. Landlord May be Liable
Depending on state law and the terms of your lease, your landlord may be responsible for certain property defects. Many states have habitability laws, which require the landlord to keep the rental unit in good repair, and most residential leases require the landlord to maintain at least the structural parts of the building. If your landlord is responsible for the defective area, knew about the defect, and failed to remedy it within a reasonable time, a court will likely hold him responsible for the accident. It's a good idea to inform the landlord immediately of any repairs that need to be made to the rental property and to document the date you informed him. If repairs have not been made yet when guests arrive, let them know which parts of the rental unit to avoid.

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Because no one would take steps to be a victim of a burglary, it would seem that the only basis for the landlord to hold you responsible for the damage to the rental house is if he believes you weren’t really burglarized but did the damage yourself and made up the burglary in an attempt to avoid being responsible. That would be extremely unlikely and unbelievable that anyone would do that, so I would suggest you immediately send your landlord a demand letter seeking the return of any amounts deducted from your security deposit for the damage done by the perpetrators of the burglary. You should also include a copy of the police report and photos showing the damage to the exterior door. If the landlord doesn’t change his position, your next step could be to go to small claims court. Again, a copy of the police report and photos will tell the story about the property damage. But you should also include any other photos or invoices and receipts that would document the thorough cleaning and repairs that you did to the rest of the rental house just to make sure that if the landlord loses on the property damage issue that he doesn’t then try to claim that you didn’t leave the property clean or in good condition. Trending
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Are renters liable for crime-related property damage? - Inman

Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage?

Renters Liability Insurance: Learn How It Works | Trusted Choice Can Renters Liability Protect You in Court?
Renters Liability Insurance
Can Renters Liability Protect You in Court?
(Here's exactly how everything works)
What You Should Know About Renters Liability Claims
Why Would I Need Renters Liability Insurance?
Won’t My Landlord be Responsible for these Charges?
If My Visitor Is Injured, Won’t Their Medical Insurance Cover It?
Will Renters Liability Insurance Cover My Legal Fees?
What If I Don’t Have Any Assets to Protect?
What if My Liability Coverage Isn’t High Enough?
Make an Informed Decision on Your Renters Liability Insurance
 Some renters insurance policies will charge higher premiums to owners of dogs classified broadly as “dangerous breeds.” You’ll want to check to see what your insurer defines as a dangerous breed of dog – different insurers vary on this. Many landlords do not allow their tenants to have pets. If you own a dog, regardless of whether or not a pet is permitted in the lease, you can be held liable for medical and punitive costs if your dog happens to bite someone. If your dog destroys doors, screens and other property belonging to the rental property, you will typically be held liable for that damage as well. What if someone slips and falls and is injured in your apartment? Nationwide, slip and fall injuries happen to approximately 25,000 people every day. While many of these falls cause only minor injuries, they have the potential to require extensive medical treatment if they result in trauma to the head, neck or spine. If you can be found in any way accountable, you may be liable for these medical costs. Finally, you can be held liable for any property damage in your home that goes beyond normal wear and tear.

Some renters insurance policies will charge higher premiums to owners of dogs classified broadly as “dangerous breeds.” You’ll want to check to see what your insurer defines as a dangerous breed of dog – different insurers vary on this. Many landlords do not allow their tenants to have pets. If you own a dog, regardless of whether or not a pet is permitted in the lease, you can be held liable for medical and punitive costs if your dog happens to bite someone. If your dog destroys doors, screens and other property belonging to the rental property, you will typically be held liable for that damage as well. What if someone slips and falls and is injured in your apartment? Nationwide, slip and fall injuries happen to approximately 25,000 people every day. While many of these falls cause only minor injuries, they have the potential to require extensive medical treatment if they result in trauma to the head, neck or spine. If you can be found in any way accountable, you may be liable for these medical costs. Finally, you can be held liable for any property damage in your home that goes beyond normal wear and tear.

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 The third situation is the most common, but is also less clear-cut than the first two because of the phrase "should have known." Liability in these cases is decided by common sense. The law determines whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable. In slip and fall cases on commercial property, there are often a number of people or entities that may be held responsible for someone's injuries. Residential Property
In residential settings as well, landlords may be held liable to tenants or third parties for slip and fall injuries on rental property. To hold a landlord responsible for an injury, a tenant must show that: The landlord had control over the condition that caused the slip and fall; Repairing the condition would not have been unreasonably expensive or difficult; A serious injury was the foreseeable consequence of not fixing the condition; and,
The landlord's failure to take reasonable steps to avoid an accident caused the tenant's slip and fall injury.

Slip and Fall Accidents Overview - FindLaw

Slip and Fall Accidents Overview
Slip and Fall Accidents Overview
Proving Fault in Slip and Fall Cases
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Responsible Parties
Commercial Property
Residential Property
Government Property
Filing a Slip and Fall Claim? Get Professional Legal Help Today

The third situation is the most common, but is also less clear-cut than the first two because of the phrase "should have known." Liability in these cases is decided by common sense. The law determines whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable. In slip and fall cases on commercial property, there are often a number of people or entities that may be held responsible for someone's injuries. Residential Property
In residential settings as well, landlords may be held liable to tenants or third parties for slip and fall injuries on rental property. To hold a landlord responsible for an injury, a tenant must show that: The landlord had control over the condition that caused the slip and fall; Repairing the condition would not have been unreasonably expensive or difficult; A serious injury was the foreseeable consequence of not fixing the condition; and,
The landlord's failure to take reasonable steps to avoid an accident caused the tenant's slip and fall injury.

Protecting Yourself against Property Liability - Protecting Yourself against Property Liability
Protecting Yourself against Property Liability
Terms for people on your property
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Liability: Owner vs Occupier
Sibley Dolman Gipe Accident Injury Lawyers, PA–Personal Injury Attorneys
 In most cases, it comes down who had control over the hazard. When determining this, a court takes the following concepts into account: Location of the accident. If an accident occurs inside the dwelling where the tenants live, then most injuries will be the responsibility of the occupier. However, if an injury occurs in a common area, like on a sidewalk or at the apartment’s pool, then the owner will most likely be responsible. Owner’s responsibility. The owner of a property has a responsibility to repair certain things around a property they are renting out. If someone slips in water and is injured because of a leaky pipe, even if it occurs inside, it will probably be the owner who is liable. Occupier’s liability. An occupier is still responsible, within reason, for ensuring the safety of their guests and freeing their living space from hazards.

Protecting Yourself against Property Liability -

Protecting Yourself against Property Liability
Protecting Yourself against Property Liability
Terms for people on your property
Licensees
Invitees
Trespassers
Trespassing children
Liability: Owner vs Occupier
Sibley Dolman Gipe Accident Injury Lawyers, PA–Personal Injury Attorneys

In most cases, it comes down who had control over the hazard. When determining this, a court takes the following concepts into account: Location of the accident. If an accident occurs inside the dwelling where the tenants live, then most injuries will be the responsibility of the occupier. However, if an injury occurs in a common area, like on a sidewalk or at the apartment’s pool, then the owner will most likely be responsible. Owner’s responsibility. The owner of a property has a responsibility to repair certain things around a property they are renting out. If someone slips in water and is injured because of a leaky pipe, even if it occurs inside, it will probably be the owner who is liable. Occupier’s liability. An occupier is still responsible, within reason, for ensuring the safety of their guests and freeing their living space from hazards.

Are renters liable for crime-related property damage? - Inman Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage? Again, a copy of the police report and photos will tell the story about the property damage. But you should also include any other photos or invoices and receipts that would document the thorough cleaning and repairs that you did to the rest of the rental house just to make sure that if the landlord loses on the property damage issue that he doesn’t then try to claim that you didn’t leave the property clean or in good condition. Trending
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Q: We are landlords and have a rental unit with three tenants. Two of the tenants promptly pay their rent but one of our tenants owes us more than $1,500, including his share of the rent for the last two months, plus late fees and a returned check charge. I would love to bring legal action against him to collect the funds.

Again, a copy of the police report and photos will tell the story about the property damage. But you should also include any other photos or invoices and receipts that would document the thorough cleaning and repairs that you did to the rest of the rental house just to make sure that if the landlord loses on the property damage issue that he doesn’t then try to claim that you didn’t leave the property clean or in good condition. Trending
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Q: We are landlords and have a rental unit with three tenants. Two of the tenants promptly pay their rent but one of our tenants owes us more than $1,500, including his share of the rent for the last two months, plus late fees and a returned check charge. I would love to bring legal action against him to collect the funds.

Protecting Yourself against Property Liability - Protecting Yourself against Property Liability
Protecting Yourself against Property Liability
Terms for people on your property
Licensees
Invitees
Trespassers
Trespassing children
Liability: Owner vs Occupier
Sibley Dolman Gipe Accident Injury Lawyers, PA–Personal Injury Attorneys
 Liability: Owner vs Occupier
The person who lives on a property is not always the person who owns the property. This is most common in rental homes and apartment buildings. When this is the case, it can become a little unclear who would be responsible in the event of an injury. In these cases, the courts must determine whether the owner or the occupier is liable for injuries suffered on the property. In most cases, it comes down who had control over the hazard. When determining this, a court takes the following concepts into account: Location of the accident. If an accident occurs inside the dwelling where the tenants live, then most injuries will be the responsibility of the occupier. However, if an injury occurs in a common area, like on a sidewalk or at the apartment’s pool, then the owner will most likely be responsible.

Liability: Owner vs Occupier
The person who lives on a property is not always the person who owns the property. This is most common in rental homes and apartment buildings. When this is the case, it can become a little unclear who would be responsible in the event of an injury. In these cases, the courts must determine whether the owner or the occupier is liable for injuries suffered on the property. In most cases, it comes down who had control over the hazard. When determining this, a court takes the following concepts into account: Location of the accident. If an accident occurs inside the dwelling where the tenants live, then most injuries will be the responsibility of the occupier. However, if an injury occurs in a common area, like on a sidewalk or at the apartment’s pool, then the owner will most likely be responsible.

Are renters liable for crime-related property damage? - Inman Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage? The police were called. The landlord’s father inspected the property at the time, as the landlord lives out of town. I had renters insurance for my items that were stolen, and I was fully reimbursed minus my deductible. The insurance company informed me that the physical damages would be the responsibility of the landlord/owner. Before returning possession of the house to the landlord, I spent nearly a week cleaning, including all of the rugs, floors and stove, and patching picture-frame nail holes on walls throughout the house. All trash and garbage was removed. When I received my security deposit disposition form, the landlord had deducted the repair costs for the property damage from the burglary, and it was greater than my entire security deposit. So even though I thoroughly cleaned and made repairs to the rest of the rental house, the landlord kept my entire security deposit. Was he right to do so? A:

The police were called. The landlord’s father inspected the property at the time, as the landlord lives out of town. I had renters insurance for my items that were stolen, and I was fully reimbursed minus my deductible. The insurance company informed me that the physical damages would be the responsibility of the landlord/owner. Before returning possession of the house to the landlord, I spent nearly a week cleaning, including all of the rugs, floors and stove, and patching picture-frame nail holes on walls throughout the house. All trash and garbage was removed. When I received my security deposit disposition form, the landlord had deducted the repair costs for the property damage from the burglary, and it was greater than my entire security deposit. So even though I thoroughly cleaned and made repairs to the rest of the rental house, the landlord kept my entire security deposit. Was he right to do so? A:

Is the tenant or landlord responsible for damages in an apartment fire? Is the tenant or landlord responsible for damages in an apartment fire?
Is the tenant or landlord responsible for damages in an apartment fire? This means that both the tenant and the landlord have their particular responsibilities and rights when a fire occurs. The landlord is responsible for the damages incurred by the building's structure and fixtures - including cabinets, countertops and plumbing. The renter or tenant, on the other hand, is responsible for the damages incurred on their personal property. That means that if there is a fire that caused damage to the structure and fixtures of the apartment, the landlord will be the one responsible for having these fixed. The tenant will go to his insurance company in an effort to recover whatever loss or damage he has with his furniture, equipment, clothes and so on. As for legal liability regarding on who caused the fire and the circumstances of the fire, that will be another issue. If the renter can prove  that the landlord was responsible for the fire (i.e. he was remiss in  maintaining the apartment's electrical system and that caused the fire),  he will pay for the damage, as well as for the renter's inconvenience. This includes damaged personal possessions, lost wages, the cost of  renting another house as well as additional expenses related to the need  to live in an alternative living arrangement. If the landlord is unable  to prove that the renter was the one who caused the fire, he is  responsible for making sure that the damaged structures are repaired. This  is because the landlord has the responsibility to maintain the rental unit  in a condition that is considered habitable.

Is the tenant or landlord responsible for damages in an apartment fire?

Is the tenant or landlord responsible for damages in an apartment fire?
Is the tenant or landlord responsible for damages in an apartment fire?

This means that both the tenant and the landlord have their particular responsibilities and rights when a fire occurs. The landlord is responsible for the damages incurred by the building's structure and fixtures - including cabinets, countertops and plumbing. The renter or tenant, on the other hand, is responsible for the damages incurred on their personal property. That means that if there is a fire that caused damage to the structure and fixtures of the apartment, the landlord will be the one responsible for having these fixed. The tenant will go to his insurance company in an effort to recover whatever loss or damage he has with his furniture, equipment, clothes and so on. As for legal liability regarding on who caused the fire and the circumstances of the fire, that will be another issue. If the renter can prove  that the landlord was responsible for the fire (i.e. he was remiss in  maintaining the apartment's electrical system and that caused the fire),  he will pay for the damage, as well as for the renter's inconvenience. This includes damaged personal possessions, lost wages, the cost of  renting another house as well as additional expenses related to the need  to live in an alternative living arrangement. If the landlord is unable  to prove that the renter was the one who caused the fire, he is  responsible for making sure that the damaged structures are repaired. This  is because the landlord has the responsibility to maintain the rental unit  in a condition that is considered habitable.

Is the tenant or landlord responsible for damages in an apartment fire? Is the tenant or landlord responsible for damages in an apartment fire?
Is the tenant or landlord responsible for damages in an apartment fire? As for legal liability regarding on who caused the fire and the circumstances of the fire, that will be another issue. If the renter can prove  that the landlord was responsible for the fire (i.e. he was remiss in  maintaining the apartment's electrical system and that caused the fire),  he will pay for the damage, as well as for the renter's inconvenience. This includes damaged personal possessions, lost wages, the cost of  renting another house as well as additional expenses related to the need  to live in an alternative living arrangement. If the landlord is unable  to prove that the renter was the one who caused the fire, he is  responsible for making sure that the damaged structures are repaired. This  is because the landlord has the responsibility to maintain the rental unit  in a condition that is considered habitable. If the landlord can prove  that the renter was the one who caused the fire, then he will be liability  for paying to have the damage repaired. When a fire occurs, you should: Take pictures or videos of  the damage. A claims adjuster may also be sent to investigate what caused  the damage. Notify your insurance  company.

As for legal liability regarding on who caused the fire and the circumstances of the fire, that will be another issue. If the renter can prove  that the landlord was responsible for the fire (i.e. he was remiss in  maintaining the apartment's electrical system and that caused the fire),  he will pay for the damage, as well as for the renter's inconvenience. This includes damaged personal possessions, lost wages, the cost of  renting another house as well as additional expenses related to the need  to live in an alternative living arrangement. If the landlord is unable  to prove that the renter was the one who caused the fire, he is  responsible for making sure that the damaged structures are repaired. This  is because the landlord has the responsibility to maintain the rental unit  in a condition that is considered habitable. If the landlord can prove  that the renter was the one who caused the fire, then he will be liability  for paying to have the damage repaired. When a fire occurs, you should: Take pictures or videos of  the damage. A claims adjuster may also be sent to investigate what caused  the damage. Notify your insurance  company.

Are renters liable for crime-related property damage? - Inman Are renters liable for crime-related property damage?
Are renters liable for crime-related property damage? Are renters liable for crime-related property damage? - Inman
News
Are renters liable for crime-related property damage? Tenant gets security-deposit shock upon move-out
Q: About a month before the end of our rental lease, the house was burglarized. An outside door, screen door and two inside doors were badly damaged. The police were called. The landlord’s father inspected the property at the time, as the landlord lives out of town. I had renters insurance for my items that were stolen, and I was fully reimbursed minus my deductible. The insurance company informed me that the physical damages would be the responsibility of the landlord/owner. Before returning possession of the house to the landlord, I spent nearly a week cleaning, including all of the rugs, floors and stove, and patching picture-frame nail holes on walls throughout the house.

Are renters liable for crime-related property damage? - Inman
News
Are renters liable for crime-related property damage? Tenant gets security-deposit shock upon move-out
Q: About a month before the end of our rental lease, the house was burglarized. An outside door, screen door and two inside doors were badly damaged. The police were called. The landlord’s father inspected the property at the time, as the landlord lives out of town. I had renters insurance for my items that were stolen, and I was fully reimbursed minus my deductible. The insurance company informed me that the physical damages would be the responsibility of the landlord/owner. Before returning possession of the house to the landlord, I spent nearly a week cleaning, including all of the rugs, floors and stove, and patching picture-frame nail holes on walls throughout the house.

Is the tenant or landlord responsible for damages in an apartment fire? Is the tenant or landlord responsible for damages in an apartment fire?
Is the tenant or landlord responsible for damages in an apartment fire? Is the tenant or landlord responsible for damages in an apartment fire? YOU A SK: Is the tenant or landlord responsible for damages in an apartment fire? WE A NSWER: Both the tenant and the landlord have their specific responsibility in providing insurance protection (and subsequently, damages) as a result of a fire in a rental home or apartment. This means that both the tenant and the landlord have their particular responsibilities and rights when a fire occurs. The landlord is responsible for the damages incurred by the building's structure and fixtures - including cabinets, countertops and plumbing. The renter or tenant, on the other hand, is responsible for the damages incurred on their personal property. That means that if there is a fire that caused damage to the structure and fixtures of the apartment, the landlord will be the one responsible for having these fixed. The tenant will go to his insurance company in an effort to recover whatever loss or damage he has with his furniture, equipment, clothes and so on.

Is the tenant or landlord responsible for damages in an apartment fire? YOU A SK: Is the tenant or landlord responsible for damages in an apartment fire? WE A NSWER: Both the tenant and the landlord have their specific responsibility in providing insurance protection (and subsequently, damages) as a result of a fire in a rental home or apartment. This means that both the tenant and the landlord have their particular responsibilities and rights when a fire occurs. The landlord is responsible for the damages incurred by the building's structure and fixtures - including cabinets, countertops and plumbing. The renter or tenant, on the other hand, is responsible for the damages incurred on their personal property. That means that if there is a fire that caused damage to the structure and fixtures of the apartment, the landlord will be the one responsible for having these fixed. The tenant will go to his insurance company in an effort to recover whatever loss or damage he has with his furniture, equipment, clothes and so on.

What Can a Landlord Charge For When You Move Out? (2021 Edition)
 Broken appliances, if not from misuse. Small pin or picture-hanger holes in walls. Burned out light bulbs. Battery replacement in smoke alarms. What Is Considered Damage to a Rental Property? Damage to an apartment, which the tenant will be liable for, is typically more than everyday “oopsies.” These damages, for which money would likely be subtracted from a security deposit to pay to repair, could include: Excessive wall holes. Broken or missing windows, screens, blinds or curtains. Broken doors and locks.

What Can a Landlord Charge For When You Move Out? (2021 Edition)

Broken appliances, if not from misuse. Small pin or picture-hanger holes in walls. Burned out light bulbs. Battery replacement in smoke alarms. What Is Considered Damage to a Rental Property? Damage to an apartment, which the tenant will be liable for, is typically more than everyday “oopsies.” These damages, for which money would likely be subtracted from a security deposit to pay to repair, could include: Excessive wall holes. Broken or missing windows, screens, blinds or curtains. Broken doors and locks.

Tenant Rights for Water-Damaged Apartments | OhMyApartment :: ApartmentRatings Tenant Rights for Water-Damaged Apartments
Tenant Rights for Water-Damaged Apartments
The Lease
Renters Insurance
Maintenance
Property Damage
Damage to Personal Belongings
Another Tenant
 This will depend on whose fault it is, as they will be the one that has to deal with the insurance. However, there are times when water damage happens and it’s nobody’s fault. A pipe might burst, or a freak act of nature might occur (which insurance usually won’t cover). In these cases, the landlord could try to avoid responsibility for the damages and put it on the tenant. Damage to Personal Belongings
The person responsible for personal belongings will be the same person who would be responsible for property damage. It all depends on who is at fault. Tenants can be accused of negligence for a number of reasons. They may not have reported a leak on time, or perhaps they left the tub running until it overflowed. It could even be a case of keeping the heat too low in the winter, which can cause pipes to freeze and eventually burst. In all of these circumstances, it will be the tenant’s responsibility to pay for any damage done to the property and their personal belongings.

Tenant Rights for Water-Damaged Apartments | OhMyApartment :: ApartmentRatings

Tenant Rights for Water-Damaged Apartments
Tenant Rights for Water-Damaged Apartments
The Lease
Renters Insurance
Maintenance
Property Damage
Damage to Personal Belongings
Another Tenant

This will depend on whose fault it is, as they will be the one that has to deal with the insurance. However, there are times when water damage happens and it’s nobody’s fault. A pipe might burst, or a freak act of nature might occur (which insurance usually won’t cover). In these cases, the landlord could try to avoid responsibility for the damages and put it on the tenant. Damage to Personal Belongings
The person responsible for personal belongings will be the same person who would be responsible for property damage. It all depends on who is at fault. Tenants can be accused of negligence for a number of reasons. They may not have reported a leak on time, or perhaps they left the tub running until it overflowed. It could even be a case of keeping the heat too low in the winter, which can cause pipes to freeze and eventually burst. In all of these circumstances, it will be the tenant’s responsibility to pay for any damage done to the property and their personal belongings.