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?
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.

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:

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

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.

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.

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 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
 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.

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.

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 is Negligent
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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?
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 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.
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When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
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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

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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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.

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.

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
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.

Finance
The Washington Post
Kiplinger
The Huffington Post
Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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.

Landlord Liability and Property Management Liability - TorkLaw
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About Landlord Liability
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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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What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice

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.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 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.

General Liability for Rental Properties | Home Guides | SF Gate General Liability for Rental Properties
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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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General Liability for Rental Properties
General Liability for Rental Properties
Landlord Negligence
Tenant Negligence
Get the Best Mortgage Rate for You
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General Liability for Rental Properties | Home Guides | SF Gate
General Liability for Rental Properties
Home Guides
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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.

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?
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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

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?
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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
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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.

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?
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Get Legal Help to Better Understand Landlord Liability for Tenant Injuries
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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:

FindLaw Newsletters
Stay up-to-date with how the law affects your life
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:

Tenant Safety and Landlord Liability | Justia Landlord's Liability for Tenant Safety
Landlord's Liability for Tenant Safety
Duty to Repair and Maintain
Landlord Liability for Crime
Duty to Accommodate Disabled Tenants
Methods of Limiting Landlord Liability
Insurance
 These managers may interact with the tenants, and they have master keys to the rental properties. If a manager hurts or steals from a tenant, the tenant may sue the property owner, in this case for not properly supervising the manager. Insurance
A critical component in protecting yourself from liability for injuries or property losses as a landlord is to carry adequate insurance. You will need a commercial general liability policy, as well as property insurance. Additionally, if your property manager or another employee uses their own car to run errands for the business, it is important to have non-owned auto insurance. Note that while most policies will not cover intentional or illegal acts by you or your employees leading to liability, many will provide coverage for the costs of defending against such claims. Working with an insurance agent who is knowledgeable about rental property will help you to select appropriate coverage for your situation. Last updated November 2018
Landlord Tenant Law Contents
Landlord Tenant Law
Information for Tenants
Information for Landlords
Screening Tenants
Understanding and Preparing Leases and Rental Agreements
Rent Rules
Security Deposits
Rental Property Management
Moving Tenants In
Recordkeeping
Cotenants and Guests
Subleases and Assignments
Duty to Repair and Maintain Premises
Landlord's Liability for Tenant Safety
Health Hazards and Landlord Liability
Liability for Criminal Activity
Right of Entry
Ending a Tenancy
Moving Tenants Out and Returning Security Deposits
Abandonment of Property By a Tenant
Resolving Problems With Tenants
Late Rent Payments, Termination, and Eviction
Working With a Lawyer
Landlord FAQs
Housing Discrimination
Eviction Forms: 50-State Resources
Find a Landlord Tenant Lawyer

Tenant Safety and Landlord Liability | Justia

Landlord's Liability for Tenant Safety
Landlord's Liability for Tenant Safety
Duty to Repair and Maintain
Landlord Liability for Crime
Duty to Accommodate Disabled Tenants
Methods of Limiting Landlord Liability
Insurance

These managers may interact with the tenants, and they have master keys to the rental properties. If a manager hurts or steals from a tenant, the tenant may sue the property owner, in this case for not properly supervising the manager. Insurance
A critical component in protecting yourself from liability for injuries or property losses as a landlord is to carry adequate insurance. You will need a commercial general liability policy, as well as property insurance. Additionally, if your property manager or another employee uses their own car to run errands for the business, it is important to have non-owned auto insurance. Note that while most policies will not cover intentional or illegal acts by you or your employees leading to liability, many will provide coverage for the costs of defending against such claims. Working with an insurance agent who is knowledgeable about rental property will help you to select appropriate coverage for your situation. Last updated November 2018
Landlord Tenant Law Contents
Landlord Tenant Law
Information for Tenants
Information for Landlords
Screening Tenants
Understanding and Preparing Leases and Rental Agreements
Rent Rules
Security Deposits
Rental Property Management
Moving Tenants In
Recordkeeping
Cotenants and Guests
Subleases and Assignments
Duty to Repair and Maintain Premises
Landlord's Liability for Tenant Safety
Health Hazards and Landlord Liability
Liability for Criminal Activity
Right of Entry
Ending a Tenancy
Moving Tenants Out and Returning Security Deposits
Abandonment of Property By a Tenant
Resolving Problems With Tenants
Late Rent Payments, Termination, and Eviction
Working With a Lawyer
Landlord FAQs
Housing Discrimination
Eviction Forms: 50-State Resources
Find a Landlord Tenant Lawyer

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 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.

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.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 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.

Rights & Responsibilities of Tenants | Lawyers.com Rights & Responsibilities of Tenants
Rights & Responsibilities of Tenants
Security Deposits
Your Privacy Versus Landlord Access
Maintenance and Repairs
Safety on the Property
Insurance
Pets
Questions for Your Attorney
 Safety on the Property
Landlords in most states have some degree of legal responsibility to protect tenants from foreseeable criminal conduct of thieves and even fellow tenants. Adequate and working door and window locks are usually all that’s required, although some state and local laws require peepholes and specific types of locks and lighting. Of course, if you see a security risk, such as an easy-to-enter parking garage, you should ask the landlord to make it more secure. Most landlords don’t want to run the risk of being sued on grounds that it was easy for someone to enter the rental premises and steal property from or assault a tenant. Also, tenants have the right to be safe from injury caused by the conditions of the premises. So, a landlord shouldn’t hide or conceal defects from you—for example, by placing a carpet over weak flooring. If you’re hurt because your landlord concealed a defect or was negligent in making repairs (for example, by failing to fix something such as a broken handrail on the steps to your front door), your landlord may be liable for your injuries or losses. Finally, landlords are often expected to deal with serious environmental health hazards. Federal law, for example, requires property owners to inform tenants (before they sign a lease) of lead-based paint hazards on the property. Insurance
Your lease may include a clause requiring you to obtain renters’ insurance.

Rights & Responsibilities of Tenants | Lawyers.com

Rights & Responsibilities of Tenants
Rights & Responsibilities of Tenants
Security Deposits
Your Privacy Versus Landlord Access
Maintenance and Repairs
Safety on the Property
Insurance
Pets
Questions for Your Attorney

Safety on the Property
Landlords in most states have some degree of legal responsibility to protect tenants from foreseeable criminal conduct of thieves and even fellow tenants. Adequate and working door and window locks are usually all that’s required, although some state and local laws require peepholes and specific types of locks and lighting. Of course, if you see a security risk, such as an easy-to-enter parking garage, you should ask the landlord to make it more secure. Most landlords don’t want to run the risk of being sued on grounds that it was easy for someone to enter the rental premises and steal property from or assault a tenant. Also, tenants have the right to be safe from injury caused by the conditions of the premises. So, a landlord shouldn’t hide or conceal defects from you—for example, by placing a carpet over weak flooring. If you’re hurt because your landlord concealed a defect or was negligent in making repairs (for example, by failing to fix something such as a broken handrail on the steps to your front door), your landlord may be liable for your injuries or losses. Finally, landlords are often expected to deal with serious environmental health hazards. Federal law, for example, requires property owners to inform tenants (before they sign a lease) of lead-based paint hazards on the property. Insurance
Your lease may include a clause requiring you to obtain renters’ insurance.

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
Seek Legal Advice
 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.

Tenant Safety and Landlord Liability | Justia Landlord's Liability for Tenant Safety
Landlord's Liability for Tenant Safety
Duty to Repair and Maintain
Landlord Liability for Crime
Duty to Accommodate Disabled Tenants
Methods of Limiting Landlord Liability
Insurance
 Landlords have a duty to repair and maintain the property, including fixing problems that are reported by tenants. Any hazards that cannot be addressed immediately should be noted by the landlord, and tenants should be made aware of their presence through a written notification or posted signage. Landlord Liability for Crime
Landlords may be held responsible for criminal conduct on their property, especially if they did not provide adequate security. State and local laws may set forth specific security measures for rental properties. It is important to provide reasonable protection for tenants, including designing a security system, if necessary. Costly measures such as these can be much smaller than the costs resulting from crimes on the rental premises. Individuals injured or affected by a crime, such as the operations of drug dealers, may sue the landlord under the theory that the rental property is a public nuisance. This legal doctrine involves a threat to public safety or morals, which poses an inconvenience to the rights of the community. If the landlord allows illegal activity to continue, police or federal authorities may assess fines. Duty to Accommodate Disabled Tenants
Landlords must allow disabled tenants to make changes necessary to their full enjoyment of the premises.

Landlords have a duty to repair and maintain the property, including fixing problems that are reported by tenants. Any hazards that cannot be addressed immediately should be noted by the landlord, and tenants should be made aware of their presence through a written notification or posted signage. Landlord Liability for Crime
Landlords may be held responsible for criminal conduct on their property, especially if they did not provide adequate security. State and local laws may set forth specific security measures for rental properties. It is important to provide reasonable protection for tenants, including designing a security system, if necessary. Costly measures such as these can be much smaller than the costs resulting from crimes on the rental premises. Individuals injured or affected by a crime, such as the operations of drug dealers, may sue the landlord under the theory that the rental property is a public nuisance. This legal doctrine involves a threat to public safety or morals, which poses an inconvenience to the rights of the community. If the landlord allows illegal activity to continue, police or federal authorities may assess fines. Duty to Accommodate Disabled Tenants
Landlords must allow disabled tenants to make changes necessary to their full enjoyment of the premises.

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.

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
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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.

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?
 What are the landlord's responsibilities for tenant safety and security? Landlords in most states have some degree of legal responsibility to protect their tenants from would-be assailants and thieves on the property and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenants' illegal activities, such as drug dealing. These legal duties stem from building codes, ordinances, statutes, and, most frequently, court decisions. Rental property owners are being sued with increasing frequency by tenants who've been injured by criminals, with settlements and jury awards typically ranging from $100,000 to $1 million. Landlords are especially likely to be held liable when a crime occurs on property where a similar assault or other crime has occurred in the past. For a guide to help landlords identify common risky situations and get specific, practical advice for dealing with them, read Every Landlord's Legal Guide, by Janet Portman, J.D. and Marcia Stewart. Talk to a Lawyer
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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.

Do Landlords Have an Obligation to Protect Their Tenants? | Home Guides | SF Gate Do Landlords Have an Obligation to Protect Their Tenants?
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Common Areas
Common areas, or areas shared by multiple tenants, are also the landlord’s responsibility. This includes walkways, entryways, sidewalks, parking lots, shared laundry facilities and similar vicinities. Landlords should ensure that these areas are well lit at all times during evening and nighttime hours and that outside third parties cannot gain access. Landlords should also keep common areas clean and free of debris and potentially harmful objects (such as broken glass). Criminal Activity
To protect tenants from potential nuisance, injury or death, landlords must take steps to prevent criminal activity from occurring on or around property grounds. Landlords must remain vigilant of all possible criminal activities in the area and actively report or remove any individual--including other tenants or employees--who is causing problems. While landlords are typically not statutorily required to screen tenants with criminal histories, some states, like Tennessee and New Jersey, require landlords to evict any tenant who commits a dangerous crime on property grounds when the offending tenant’s behavior could potentially harm another tenant. Remediation
Any landlord who fails to adhere to his obligations could be personally liable for any damages a tenant incurs as a result, including compensation for stolen or broken property and medical bills due to injury or death. A tenant may terminate her lease agreement early and without penalty if the landlord continuously fails to protect her and her personal property, or withhold rent to cover the costs of repairing or replacing any malfunctioning security features the landlord refuses to fix. Landlords may also face civil sanctions, fines and even criminal charges for ignoring or permitting criminal activity on property grounds.

Do Landlords Have an Obligation to Protect Their Tenants? | Home Guides | SF Gate

Do Landlords Have an Obligation to Protect Their Tenants?
Do Landlords Have an Obligation to Protect Their Tenants?
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Tenant Safety and Landlord Liability | Justia Landlord's Liability for Tenant Safety
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 Tenant Safety and Landlord Liability | Justia
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Landlords have a legal responsibility to protect their tenants. State and local security laws, as well as court decisions, may specify requirements for items such as deadbolt locks on doors, lighting, and window locks. Additionally, landlords are required to maintain their rental property and conduct regular inspections. They must also fix any potential security problems, such as repairing a broken lock. Duty to Repair and Maintain
All rental properties must be fit and habitable, meaning that the landlord must maintain the property throughout the rental term. Landlords have a duty to repair and maintain the property, including fixing problems that are reported by tenants. Any hazards that cannot be addressed immediately should be noted by the landlord, and tenants should be made aware of their presence through a written notification or posted signage. Landlord Liability for Crime
Landlords may be held responsible for criminal conduct on their property, especially if they did not provide adequate security. State and local laws may set forth specific security measures for rental properties. It is important to provide reasonable protection for tenants, including designing a security system, if necessary.

Tenant Safety and Landlord Liability | Justia
Justia Real Estate Law Landlord Tenant Law Information for Landlords Landlord's Liability for Tenant Safety
Landlord's Liability for Tenant Safety
Landlords have a legal responsibility to protect their tenants. State and local security laws, as well as court decisions, may specify requirements for items such as deadbolt locks on doors, lighting, and window locks. Additionally, landlords are required to maintain their rental property and conduct regular inspections. They must also fix any potential security problems, such as repairing a broken lock. Duty to Repair and Maintain
All rental properties must be fit and habitable, meaning that the landlord must maintain the property throughout the rental term. Landlords have a duty to repair and maintain the property, including fixing problems that are reported by tenants. Any hazards that cannot be addressed immediately should be noted by the landlord, and tenants should be made aware of their presence through a written notification or posted signage. Landlord Liability for Crime
Landlords may be held responsible for criminal conduct on their property, especially if they did not provide adequate security. State and local laws may set forth specific security measures for rental properties. It is important to provide reasonable protection for tenants, including designing a security system, if necessary.

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.

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 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.

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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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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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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?
 Landlords are especially likely to be held liable when a crime occurs on property where a similar assault or other crime has occurred in the past. For a guide to help landlords identify common risky situations and get specific, practical advice for dealing with them, read Every Landlord's Legal Guide, by Janet Portman, J.D. and Marcia Stewart. Talk to a Lawyer
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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?
 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. If tenants complain about illegal acts by a manager, landlords should pay attention. Finally, property owners should make sure their insurance covers illegal acts of their employees. What kind of legal trouble do landlords face from tenants who deal illegal drugs on the property? Drug-dealing tenants can cause landlords all kinds of practical and legal problems: Anyone who is injured or annoyed by drug dealers—be it other tenants or people in the neighborhood—may sue the landlord on the grounds that the property is a public nuisance that seriously threatens public safety or morals.

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. If tenants complain about illegal acts by a manager, landlords should pay attention. Finally, property owners should make sure their insurance covers illegal acts of their employees. What kind of legal trouble do landlords face from tenants who deal illegal drugs on the property? Drug-dealing tenants can cause landlords all kinds of practical and legal problems: Anyone who is injured or annoyed by drug dealers—be it other tenants or people in the neighborhood—may sue the landlord on the grounds that the property is a public nuisance that seriously threatens public safety or morals.

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
 1996), reh'g denied (1996).) If a landlord is found financially liable, the building owner's liability insurance may cover the loss. Knowing About and Having Power to Remove the Dog
In many states, someone trying to hold a landlord liable for injuries caused by a tenant's dog must prove both that the landlord knew that the dog was dangerous and that the landlord had the power, legally, to make the tenant get rid of the dog or move out. As one court put it, a property owner cannot "sit idly by in the face of the known danger to others." ( Linebaugh v. Hyndman , 516 A.2d 638 (1986) aff'd, 524 A.2d 1255 (1987) (landlord liable for injury caused by tenant's dog because landlord knew dog had bitten someone before). 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. (

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

1996), reh'g denied (1996).) If a landlord is found financially liable, the building owner's liability insurance may cover the loss. Knowing About and Having Power to Remove the Dog
In many states, someone trying to hold a landlord liable for injuries caused by a tenant's dog must prove both that the landlord knew that the dog was dangerous and that the landlord had the power, legally, to make the tenant get rid of the dog or move out. As one court put it, a property owner cannot "sit idly by in the face of the known danger to others." ( Linebaugh v. Hyndman , 516 A.2d 638 (1986) aff'd, 524 A.2d 1255 (1987) (landlord liable for injury caused by tenant's dog because landlord knew dog had bitten someone before). 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. (

Landlord Liability and Property Management Liability - TorkLaw
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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.

Foundations of Law - Landlord’s Tort Liability Landlord’s Tort Liability
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One more point worth mentioning about the landlord’s tort liability is that all these rules are effective only in the absence of a contrary agreement between the landlord and the tenant. If the landlord includes an “ exculpatory clause ” in the lease (a clause that protects the landlord from tort liability for the tenant’s injuries), the landlord can protect himself from tort liability. However, some courts will not enforce exculpatory clauses when it comes to residential leases. The reason for this is a supposed imbalance in bargaining power between a landlord and tenant. Also, some courts look at these clauses with disfavor because the courts assume that the relieving of the landlord from tort liability will cause him or her to be less careful about the safety of the premises, thus increasing the risk of personal injury to the tenants. See Henrioulle v. Martin Ventures, Inc., 20 Cal.3d 512 (1978). Related Videos: Landlord's Liability for Injuries to Tenants and Guests
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Foundations of Law - Landlord’s Tort Liability

Landlord’s Tort Liability
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Foundations of Law - Landlord’s Tort Liability
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One more point worth mentioning about the landlord’s tort liability is that all these rules are effective only in the absence of a contrary agreement between the landlord and the tenant. If the landlord includes an “ exculpatory clause ” in the lease (a clause that protects the landlord from tort liability for the tenant’s injuries), the landlord can protect himself from tort liability. However, some courts will not enforce exculpatory clauses when it comes to residential leases. The reason for this is a supposed imbalance in bargaining power between a landlord and tenant. Also, some courts look at these clauses with disfavor because the courts assume that the relieving of the landlord from tort liability will cause him or her to be less careful about the safety of the premises, thus increasing the risk of personal injury to the tenants. See Henrioulle v. Martin Ventures, Inc., 20 Cal.3d 512 (1978). Related Videos: Landlord's Liability for Injuries to Tenants and Guests
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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:

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 and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 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. For instance, if a sidewalk becomes slick because it is raining, someone injured in a fall may not have a good case to sue the landlord. However, if the slippery conditions were caused by an abruptly sloped sidewalk that tenants had complained about many times, that changes things. If you feel you have a claim, contact the experienced premises liability lawyers at TorkLaw. If we take your case, we can help you obtain appropriate and thorough medical care for your physical, emotional, and psychological injuries. We will also do everything possible to ensure that you obtain full compensation for your medical expenses, pain and suffering, mental anguish, property damage, lost wages, psychological injuries, loss of society and comfort (“loss of consortium”), and all other injuries and damages.

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. For instance, if a sidewalk becomes slick because it is raining, someone injured in a fall may not have a good case to sue the landlord. However, if the slippery conditions were caused by an abruptly sloped sidewalk that tenants had complained about many times, that changes things. If you feel you have a claim, contact the experienced premises liability lawyers at TorkLaw. If we take your case, we can help you obtain appropriate and thorough medical care for your physical, emotional, and psychological injuries. We will also do everything possible to ensure that you obtain full compensation for your medical expenses, pain and suffering, mental anguish, property damage, lost wages, psychological injuries, loss of society and comfort (“loss of consortium”), and all other injuries and damages.

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.

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.

10 Things You Should Know About Landlord Liability and Exposure 10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
1. Injury Responsibility
2. Dangerous Conditions
3. Inspect the Premises
4. Other Perils
5. Liability Claims
6. Added Liability Concerns
7. Vehicle Liability
8. Dogs and Critters
9. Security Issues
10. Bad Behavior Tenants
From This Issue
November 1, 2010
Insurance Journal West Magazine
Focus on Professional Liability/PLUS; Habitational/Dwellings; Agents E&O Survey
 10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
November 1, 2010
Article
7 Comments
1. Injury Responsibility
A landlord is held responsible for an injury on the rented premises if it can be shown that the landlord or his agent was somehow negligent in maintaining the property, and that the negligence in doing so was the proximate cause of the injury. 2. Dangerous Conditions
Actual negligence need not, in most cases, be specifically proven. It’s sufficient for the plaintiff tenant to show that the landlord actually knew, or should have known, of a dangerous condition and, either failed to repair it, or to give adequate warning of its presence. 3. Inspect the Premises
To avoid, or at least minimize, the possibility of a lawsuit for negligence, a landlord, or his agent should inspect the premises from time to time, not just at the beginning and the end of the leasehold. Keep lists of complaints and the repairs that were made. Get tenants involved by encouraging them to report dangerous conditions, or security problems. 4.

10 Things You Should Know About Landlord Liability and Exposure

10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
1. Injury Responsibility
2. Dangerous Conditions
3. Inspect the Premises
4. Other Perils
5. Liability Claims
6. Added Liability Concerns
7. Vehicle Liability
8. Dogs and Critters
9. Security Issues
10. Bad Behavior Tenants
From This Issue
November 1, 2010
Insurance Journal West Magazine
Focus on Professional Liability/PLUS; Habitational/Dwellings; Agents E&O Survey

10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
November 1, 2010
Article
7 Comments
1. Injury Responsibility
A landlord is held responsible for an injury on the rented premises if it can be shown that the landlord or his agent was somehow negligent in maintaining the property, and that the negligence in doing so was the proximate cause of the injury. 2. Dangerous Conditions
Actual negligence need not, in most cases, be specifically proven. It’s sufficient for the plaintiff tenant to show that the landlord actually knew, or should have known, of a dangerous condition and, either failed to repair it, or to give adequate warning of its presence. 3. Inspect the Premises
To avoid, or at least minimize, the possibility of a lawsuit for negligence, a landlord, or his agent should inspect the premises from time to time, not just at the beginning and the end of the leasehold. Keep lists of complaints and the repairs that were made. Get tenants involved by encouraging them to report dangerous conditions, or security problems. 4.

When Is A Landlord Responsible For Bad Tenants
When Is A Landlord Responsible For Bad Tenants
When Is A Landlord Responsible For Bad Tenants
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 A friend of mine who deals in real estate law told me today that a landlord who is aware that his tenants are potentially injurious or in the habit of breaking the law and does nothing about the behavior may be liable for the damage his tenants cause. There's no statue, but there is case law precedent, which I'll be researching. My friend said that the landlord/tenant arrangement is a business arrangement, and just like the government being able to seize a rented house when tenants use it for drug manufacturing, a landlord can be held liable when he knows his tenants might cause harm and does nothing to safeguard his neighbors. Thanks again,
Erin Rado
02-23-2007, 07:50 AM #7
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Re: When Is A Landlord Responsible For Bad Tenants
Your friend is wrong. Sponsored Links
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When Is A Landlord Responsible For Bad Tenants

When Is A Landlord Responsible For Bad Tenants
When Is A Landlord Responsible For Bad Tenants
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A friend of mine who deals in real estate law told me today that a landlord who is aware that his tenants are potentially injurious or in the habit of breaking the law and does nothing about the behavior may be liable for the damage his tenants cause. There's no statue, but there is case law precedent, which I'll be researching. My friend said that the landlord/tenant arrangement is a business arrangement, and just like the government being able to seize a rented house when tenants use it for drug manufacturing, a landlord can be held liable when he knows his tenants might cause harm and does nothing to safeguard his neighbors. Thanks again,
Erin Rado
02-23-2007, 07:50 AM #7
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Re: When Is A Landlord Responsible For Bad Tenants
Your friend is wrong. Sponsored Links
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Breaking a Lease: Moving Out Before End of Lease if Landlord Has New Tenants
By cns in forum Landlord-Tenant Law
Replies: 3
Last Post: 06-24-2011, 01:50 PM
Giving Notice: Landlord Informed Tenants of Selling House, Can Tenants Give Notice
By amandaf in forum Landlord-Tenant Law
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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 if the tenant has a month-to-month rental agreement, which can be terminated on 30 days' notice, the landlord who does nothing after finding out the tenant has a dangerous dog may be liable if the dog later hurts someone. In a North Carolina case, a tenant's two rottweilers attacked a visitor. The lease gave the landlord the right to demand that the tenant remove his dogs within 48 hours if the landlord decided that they were a nuisance or simply undesirable. The court concluded that this provision gave the landlord control over the tenant's dogs, and he could have eliminated the danger they posed. ( Holcomb v. Colonial Associates, LLC, 597 S.E.2d 710 (N.C. 2004). 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.

But if the tenant has a month-to-month rental agreement, which can be terminated on 30 days' notice, the landlord who does nothing after finding out the tenant has a dangerous dog may be liable if the dog later hurts someone. In a North Carolina case, a tenant's two rottweilers attacked a visitor. The lease gave the landlord the right to demand that the tenant remove his dogs within 48 hours if the landlord decided that they were a nuisance or simply undesirable. The court concluded that this provision gave the landlord control over the tenant's dogs, and he could have eliminated the danger they posed. ( Holcomb v. Colonial Associates, LLC, 597 S.E.2d 710 (N.C. 2004). 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.

Landlord Liability and Property Management Liability - TorkLaw
What is Landlord Liability
About Landlord Liability
Determining Accountability
Seek Legal Advice
 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:

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 Obligations for Habitable Premises - The Basic California Law | Stimmel Law Landlord Obligations for Habitable Premises - The Basic California Law
Landlord Obligations for Habitable Premises - The Basic California Law
The Basic Law:
The Statute:
[CA Civil Code Sec. 1941.2]
Legal Remedies Available for Tenant:
Landlord Liability for Unsafe Conditions:
Conclusion:
Article Categories
 At the same time, landlords are not guarantors of the safety of their tenants or employees and if the landlord takes reasonable steps to provide a safe locale, liability will not be imposed for harm to tenants caused by third parties or unforeseen circumstances. Some case law illustrates the law. In Ann M. v. Pacific Plaza Shopping Center (1993), an employee sued a shopping center landlord after she was raped inside a tenant’s store. The Supreme Court ruled that the landlord was not liable for negligence, and thereby established the importance of the landlord’s ability to foresee that a criminal act may occur in the premises. The Court ruled that the landlord is only obligated to hire security guards for a shopping center if he has reasonable foresight that a crime may occur, based on the knowledge of prior similar acts of crime in the premises. Given that the landlord had recorded all prior criminal events and noticed no indication of similar events having taken place in the past, the Court ruled that the landlord could not foresee a ‘violent criminal assault’, and therefore, was not obligated to hire security guards. IIn Medina v. Hillshore Partners (1995), the mother of a man who was killed by a gang near an apartment complex sued the landlord for negligence. The Court ruled that the landlord had no duty to the victim because the act occurred off the premises. Even though the plaintiff argued that the landlord’s complex served as headquarters for the gang members and the landlord had already received complaints about the gang, the Court held that premises liability can be imposed on a landlord only when an act of crime occurs on the premises itself and not on an adjacent area. In Debra S. Rosenbaum v. Security Bank Corporation (1996), a tenant was mugged on the street in front of her apartment and suffered several injuries.

Landlord Obligations for Habitable Premises - The Basic California Law | Stimmel Law

Landlord Obligations for Habitable Premises - The Basic California Law
Landlord Obligations for Habitable Premises - The Basic California Law
The Basic Law:
The Statute:
[CA Civil Code Sec. 1941.2]
Legal Remedies Available for Tenant:
Landlord Liability for Unsafe Conditions:
Conclusion:
Article Categories

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
 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.  Read More:  The Eviction of a Non-Tenant
References
Cornell Law School - Legal Information Institute - Landlord/Tenant Law
Crosner Legal: California Tenants' Rights
California Department of Consumer Affairs: California Tenants
Legal Beagle: The Eviction of a Non-Tenant
Legal Beagle:

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

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.  Read More:  The Eviction of a Non-Tenant
References
Cornell Law School - Legal Information Institute - Landlord/Tenant Law
Crosner Legal: California Tenants' Rights
California Department of Consumer Affairs: California Tenants
Legal Beagle: The Eviction of a Non-Tenant
Legal Beagle:

Landlord Obligations for Habitable Premises - The Basic California Law | Stimmel Law Landlord Obligations for Habitable Premises - The Basic California Law
Landlord Obligations for Habitable Premises - The Basic California Law
The Basic Law:
The Statute:
[CA Civil Code Sec. 1941.2]
Legal Remedies Available for Tenant:
Landlord Liability for Unsafe Conditions:
Conclusion:
Article Categories
 She sued the landlord claiming that he had failed to install sufficient lightingfixtures throughout the complex and the parking garage, leaving her with no choice but to park her car on the street, where she was mugged. The Court ruled that the landlord was not liable because the mugging occurred on a public street, and so, he was not responsible for the mugging occurring. In Alcaraz v. Vece (1997), the plaintiff stepped on a water meter box with a broken or missing top located on the lawn in front of a rental property. The trial court initially ruled that the landlord was free from liability because the water meter box wasn’t located on his property but on “an adjacent strip of land owned by the city”. The Supreme Court then reversed the ruling saying that it must be taken into consideration whether or not the landlord had exercised control over the meter box, regardless of whether or not he owned the land. If in fact the landlord had some control in that adjacent piece of land and gained economic benefit from that property, he could be held potentially liable for failing to notify the plaintiff of the hazard. A landlord can also be held liable when a tenant’s dog bites a person if the landlord had prior knowledge to theviciousness of the dog and could have taken steps to remove the dog to avoid injury. If the landlord owns commercialproperty, he has a duty to inspect the property and remove the dangerous factor. If the landlord owns residential property, he does not need to inspect the property to discover any dangerous factor, but once he has knowledge of a threat, he has the duty to take the necessary steps [ Uccello v. Laudenslayer (1975)]. Note that a landlord can even be held liable if the event takes place away from the landlord’s property, as in Donchin v. Guerrero (1995), where the court held that the landlord could be held liable for a tenant’s dog attacking a person four blocks away from the property.

Is the landlord liable through not repairing the fence? - The Landlord Law Blog Is the landlord liable through not repairing the fence?
Is the landlord liable through not repairing the fence? It is arguable that a fence panel is not going to deter someone who wants to break in and steal something, so the burglary could well have happened anyway. You canot link it up FOR SURE with the missing fence panel. Although I suppose it will be an attraction for opportunist burglars. Third – generally it is up to tenants to arrange for insurance for their own possessions, and the landlord is not responsible for them. It could also be said that perhaps it was unwise for your daughter to leave the items there in the circumstances. I am afraid this is the ‘wrong’ answer so far as you are concerned. Sorry! However if any readers have a different view please leave a comment. I have to say it is something I would have expected a good landlord to do anyway, even though it may not strictly speaking be something they are legally liable for. Simply as a matter of good landlord / tenant relations and so as to keep the property secure.

Is the landlord liable through not repairing the fence? - The Landlord Law Blog

Is the landlord liable through not repairing the fence?
Is the landlord liable through not repairing the fence?

It is arguable that a fence panel is not going to deter someone who wants to break in and steal something, so the burglary could well have happened anyway. You canot link it up FOR SURE with the missing fence panel. Although I suppose it will be an attraction for opportunist burglars. Third – generally it is up to tenants to arrange for insurance for their own possessions, and the landlord is not responsible for them. It could also be said that perhaps it was unwise for your daughter to leave the items there in the circumstances. I am afraid this is the ‘wrong’ answer so far as you are concerned. Sorry! However if any readers have a different view please leave a comment. I have to say it is something I would have expected a good landlord to do anyway, even though it may not strictly speaking be something they are legally liable for. Simply as a matter of good landlord / tenant relations and so as to keep the property secure.

When Is A Landlord Responsible For Bad Tenants
When Is A Landlord Responsible For Bad Tenants
When Is A Landlord Responsible For Bad Tenants
Re: Landlord Responsible For Bad Tenants?
Re: Landlord Responsible For Bad Tenants?
Re: Landlord Responsible For Bad Tenants?
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Re: When Is A Landlord Responsible For Bad Tenants
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 Thanks All,
Erin
02-22-2007, 01:54 PM #5
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Re: Landlord Responsible For Bad Tenants? You cannot be held responsible for someone else's actions and neither can the landlord. 02-22-2007, 09:31 PM #6
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Re: When Is A Landlord Responsible For Bad Tenants
Senior Judge,
Thank you for the response. A friend of mine who deals in real estate law told me today that a landlord who is aware that his tenants are potentially injurious or in the habit of breaking the law and does nothing about the behavior may be liable for the damage his tenants cause. There's no statue, but there is case law precedent, which I'll be researching. My friend said that the landlord/tenant arrangement is a business arrangement, and just like the government being able to seize a rented house when tenants use it for drug manufacturing, a landlord can be held liable when he knows his tenants might cause harm and does nothing to safeguard his neighbors. Thanks again,
Erin Rado
02-23-2007, 07:50 AM #7
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Re: When Is A Landlord Responsible For Bad Tenants
Your friend is wrong.

Thanks All,
Erin
02-22-2007, 01:54 PM #5
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Re: Landlord Responsible For Bad Tenants? You cannot be held responsible for someone else's actions and neither can the landlord. 02-22-2007, 09:31 PM #6
erinrado
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Re: When Is A Landlord Responsible For Bad Tenants
Senior Judge,
Thank you for the response. A friend of mine who deals in real estate law told me today that a landlord who is aware that his tenants are potentially injurious or in the habit of breaking the law and does nothing about the behavior may be liable for the damage his tenants cause. There's no statue, but there is case law precedent, which I'll be researching. My friend said that the landlord/tenant arrangement is a business arrangement, and just like the government being able to seize a rented house when tenants use it for drug manufacturing, a landlord can be held liable when he knows his tenants might cause harm and does nothing to safeguard his neighbors. Thanks again,
Erin Rado
02-23-2007, 07:50 AM #7
seniorjudge
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Re: When Is A Landlord Responsible For Bad Tenants
Your friend is wrong.

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
 Landlord Liability for Tenants' Dogs | Nolo
Landlord Liability for Tenants' Dogs
Some landlords fear that they'll be on the hook if a tenant's dog injures someone. By Mary Randolph, J.D.
One of the reasons landlords are reluctant to rent to tenants with dogs is fear that if the dog injures someone, the landlord, as well as the dog's owner, may end up paying. It's very rare, however, for a landlord to be found liable for injuries inflicted by a tenant's dog. Just leasing premises to a tenant with a dog 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. ( See, for example, Stokes v. Lyddy, 75 Conn. App. 252 (2002) and Georgianna v. Gizzy, 483 N.Y.S.2d 892, 126 Misc. 2d 766 (1984).) In general, courts hold a landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed;

Landlord Liability for Tenants' Dogs | Nolo
Landlord Liability for Tenants' Dogs
Some landlords fear that they'll be on the hook if a tenant's dog injures someone. By Mary Randolph, J.D.
One of the reasons landlords are reluctant to rent to tenants with dogs is fear that if the dog injures someone, the landlord, as well as the dog's owner, may end up paying. It's very rare, however, for a landlord to be found liable for injuries inflicted by a tenant's dog. Just leasing premises to a tenant with a dog 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. ( See, for example, Stokes v. Lyddy, 75 Conn. App. 252 (2002) and Georgianna v. Gizzy, 483 N.Y.S.2d 892, 126 Misc. 2d 766 (1984).) In general, courts hold a landlord liable only if the landlord: knew the dog was dangerous and could have had the dog removed;

Landlord Obligations for Habitable Premises - The Basic California Law | Stimmel Law Landlord Obligations for Habitable Premises - The Basic California Law
Landlord Obligations for Habitable Premises - The Basic California Law
The Basic Law:
The Statute:
[CA Civil Code Sec. 1941.2]
Legal Remedies Available for Tenant:
Landlord Liability for Unsafe Conditions:
Conclusion:
Article Categories
 One cannot put in a three hundred dollar faucet to replace a one hundred dollar faucet without good cause. Note further that leases often restrict the tenant’s rights in this area though the law normally voids those lease provisions for habitability repair. Landlord Liability for Unsafe Conditions: California landlords are legally obligated to take the necessary measures to secure the premises in order to prevent foreseeable criminal acts in the area. Failure to do so may result in liability of significant proportions and the fact that a third party, such as a criminal, actually perpetrated the act does not necessarily eliminate the landlord’s underlying liability for failure to protect the tenants reasonably. At the same time, landlords are not guarantors of the safety of their tenants or employees and if the landlord takes reasonable steps to provide a safe locale, liability will not be imposed for harm to tenants caused by third parties or unforeseen circumstances. Some case law illustrates the law. In Ann M. v. Pacific Plaza Shopping Center (1993), an employee sued a shopping center landlord after she was raped inside a tenant’s store. The Supreme Court ruled that the landlord was not liable for negligence, and thereby established the importance of the landlord’s ability to foresee that a criminal act may occur in the premises. The Court ruled that the landlord is only obligated to hire security guards for a shopping center if he has reasonable foresight that a crime may occur, based on the knowledge of prior similar acts of crime in the premises.

One cannot put in a three hundred dollar faucet to replace a one hundred dollar faucet without good cause. Note further that leases often restrict the tenant’s rights in this area though the law normally voids those lease provisions for habitability repair. Landlord Liability for Unsafe Conditions: California landlords are legally obligated to take the necessary measures to secure the premises in order to prevent foreseeable criminal acts in the area. Failure to do so may result in liability of significant proportions and the fact that a third party, such as a criminal, actually perpetrated the act does not necessarily eliminate the landlord’s underlying liability for failure to protect the tenants reasonably. At the same time, landlords are not guarantors of the safety of their tenants or employees and if the landlord takes reasonable steps to provide a safe locale, liability will not be imposed for harm to tenants caused by third parties or unforeseen circumstances. Some case law illustrates the law. In Ann M. v. Pacific Plaza Shopping Center (1993), an employee sued a shopping center landlord after she was raped inside a tenant’s store. The Supreme Court ruled that the landlord was not liable for negligence, and thereby established the importance of the landlord’s ability to foresee that a criminal act may occur in the premises. The Court ruled that the landlord is only obligated to hire security guards for a shopping center if he has reasonable foresight that a crime may occur, based on the knowledge of prior similar acts of crime in the premises.

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.

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.

Does An Umbrella Policy Cover A Rental Property? | InsuraMatch Does An Umbrella Policy Cover A Rental Property?
Learning Center
Does An Umbrella Policy Cover A Rental Property?
What is umbrella insurance?
Can umbrella insurance cover landlords?
What does umbrella insurance not cover?
How much umbrella insurance do I need?
Conclusion
 Can umbrella insurance cover landlords? Yes! Umbrella insurance is a great investment for landlords with one or many rental properties. As a landlord, you are responsible or the health and safety of your tenants and their guests. Umbrella policies will help raise your liability limits in the case that something happens on your rental property that is completely or partially your fault. Scenarios where umbrella insurance would cover you as a landlord: A tenant or guest is injured in a communal area, like a gym, lobby, staircase, or patio
A third party sues you for damages your tenants cause
A former resident breaks into the apartment because you didn’t change the lock
A tenant sues you for wrongful entry or invasion of privacy
Your rental property is vacant and someone (neighborhood kid or squatter) is injured while on your property
Someone is injured with your property in the rental, like if you neglected to care for the stove
You are sued and have to pay your legal defenses, whether or not you are found at fault
The most common claim that landlords see is the “staircase fall.” If a handrail is broken, carpet is loose, or a step is uneven, your tenants or guests could trip and fall on the stairs. Even a small injury could result in major fines, as it’s your responsibility to care for and manage communal areas (unless otherwise specified). You want to ensure that you keep staircases to code, shovel and salt icy walkways, and have sturdy handrails available to prevent trips and falls on your rental property.

Does An Umbrella Policy Cover A Rental Property? | InsuraMatch

Does An Umbrella Policy Cover A Rental Property?
Learning Center
Does An Umbrella Policy Cover A Rental Property?
What is umbrella insurance?
Can umbrella insurance cover landlords?
What does umbrella insurance not cover?
How much umbrella insurance do I need?
Conclusion

Can umbrella insurance cover landlords? Yes! Umbrella insurance is a great investment for landlords with one or many rental properties. As a landlord, you are responsible or the health and safety of your tenants and their guests. Umbrella policies will help raise your liability limits in the case that something happens on your rental property that is completely or partially your fault. Scenarios where umbrella insurance would cover you as a landlord: A tenant or guest is injured in a communal area, like a gym, lobby, staircase, or patio
A third party sues you for damages your tenants cause
A former resident breaks into the apartment because you didn’t change the lock
A tenant sues you for wrongful entry or invasion of privacy
Your rental property is vacant and someone (neighborhood kid or squatter) is injured while on your property
Someone is injured with your property in the rental, like if you neglected to care for the stove
You are sued and have to pay your legal defenses, whether or not you are found at fault
The most common claim that landlords see is the “staircase fall.” If a handrail is broken, carpet is loose, or a step is uneven, your tenants or guests could trip and fall on the stairs. Even a small injury could result in major fines, as it’s your responsibility to care for and manage communal areas (unless otherwise specified). You want to ensure that you keep staircases to code, shovel and salt icy walkways, and have sturdy handrails available to prevent trips and falls on your rental property.

10 Things You Should Know About Landlord Liability and Exposure 10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
1. Injury Responsibility
2. Dangerous Conditions
3. Inspect the Premises
4. Other Perils
5. Liability Claims
6. Added Liability Concerns
7. Vehicle Liability
8. Dogs and Critters
9. Security Issues
10. Bad Behavior Tenants
From This Issue
November 1, 2010
Insurance Journal West Magazine
Focus on Professional Liability/PLUS; Habitational/Dwellings; Agents E&O Survey
 8. Dogs and Critters
Dogs and other critters may also expose a landlord to liability. This largely explains why landlords frequently prohibit their tenants from keeping pets. The liability cannot be asserted simply for renting property to a dog owner, but, again on the “should have known” principle, if the landlord exercised some control over the dog, or “knew” the animal was potentially dangerous, he could be exposed to liability. 9. Security Issues
Although the common law imposed no duty on a landlord to protect tenants from criminal acts, modern law has evolved to the point that a landlord, under certain circumstances, may be responsible for the tenant’s security. Failure to adequately carry out that duty can expose him to liability. Landlords take on the responsibility for making sure the common areas — hallways, stairways, elevators, etc. — are kept in good condition and are reasonably safe from would be criminals. This frequently requires hiring security personnel and the installation of surveillance equipment.

8. Dogs and Critters
Dogs and other critters may also expose a landlord to liability. This largely explains why landlords frequently prohibit their tenants from keeping pets. The liability cannot be asserted simply for renting property to a dog owner, but, again on the “should have known” principle, if the landlord exercised some control over the dog, or “knew” the animal was potentially dangerous, he could be exposed to liability. 9. Security Issues
Although the common law imposed no duty on a landlord to protect tenants from criminal acts, modern law has evolved to the point that a landlord, under certain circumstances, may be responsible for the tenant’s security. Failure to adequately carry out that duty can expose him to liability. Landlords take on the responsibility for making sure the common areas — hallways, stairways, elevators, etc. — are kept in good condition and are reasonably safe from would be criminals. This frequently requires hiring security personnel and the installation of surveillance equipment.

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
 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 .) Knowing About and Having Power to Remove the Dog
In many states, someone trying to hold a landlord liable for injuries caused  by a tenant's dog must prove both that the landlord knew that dog was  dangerous and that the landlord had the power, legally, to make the tenant  get rid of the dog or move out. 35 Sometimes, courts put this requirement in  terms of the landlord's general duty to keep the property in a safe condition. 36 As one court put it, a property owner cannot "sit idly by in the face  of the known danger to others." 37
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.

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

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 .) Knowing About and Having Power to Remove the Dog
In many states, someone trying to hold a landlord liable for injuries caused  by a tenant's dog must prove both that the landlord knew that dog was  dangerous and that the landlord had the power, legally, to make the tenant  get rid of the dog or move out. 35 Sometimes, courts put this requirement in  terms of the landlord's general duty to keep the property in a safe condition. 36 As one court put it, a property owner cannot "sit idly by in the face  of the known danger to others." 37
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.

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
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;

Does An Umbrella Policy Cover A Rental Property? | InsuraMatch Does An Umbrella Policy Cover A Rental Property?
Learning Center
Does An Umbrella Policy Cover A Rental Property?
What is umbrella insurance?
Can umbrella insurance cover landlords?
What does umbrella insurance not cover?
How much umbrella insurance do I need?
Conclusion
 Scenarios where umbrella insurance would cover you as a landlord: A tenant or guest is injured in a communal area, like a gym, lobby, staircase, or patio
A third party sues you for damages your tenants cause
A former resident breaks into the apartment because you didn’t change the lock
A tenant sues you for wrongful entry or invasion of privacy
Your rental property is vacant and someone (neighborhood kid or squatter) is injured while on your property
Someone is injured with your property in the rental, like if you neglected to care for the stove
You are sued and have to pay your legal defenses, whether or not you are found at fault
The most common claim that landlords see is the “staircase fall.” If a handrail is broken, carpet is loose, or a step is uneven, your tenants or guests could trip and fall on the stairs. Even a small injury could result in major fines, as it’s your responsibility to care for and manage communal areas (unless otherwise specified). You want to ensure that you keep staircases to code, shovel and salt icy walkways, and have sturdy handrails available to prevent trips and falls on your rental property. Note: We generally recommend that landlords require their tenants to hold renters insurance. This ensures your tenants are also protected against liability, and you aren’t stuck with the bill for an entire claim. What does umbrella insurance not cover? Here’s where the line gets a little fuzzy.

Scenarios where umbrella insurance would cover you as a landlord: A tenant or guest is injured in a communal area, like a gym, lobby, staircase, or patio
A third party sues you for damages your tenants cause
A former resident breaks into the apartment because you didn’t change the lock
A tenant sues you for wrongful entry or invasion of privacy
Your rental property is vacant and someone (neighborhood kid or squatter) is injured while on your property
Someone is injured with your property in the rental, like if you neglected to care for the stove
You are sued and have to pay your legal defenses, whether or not you are found at fault
The most common claim that landlords see is the “staircase fall.” If a handrail is broken, carpet is loose, or a step is uneven, your tenants or guests could trip and fall on the stairs. Even a small injury could result in major fines, as it’s your responsibility to care for and manage communal areas (unless otherwise specified). You want to ensure that you keep staircases to code, shovel and salt icy walkways, and have sturdy handrails available to prevent trips and falls on your rental property. Note: We generally recommend that landlords require their tenants to hold renters insurance. This ensures your tenants are also protected against liability, and you aren’t stuck with the bill for an entire claim. What does umbrella insurance not cover? Here’s where the line gets a little fuzzy.

Tenant’s Insurance 101 | TD Insurance What is Tenant's Insurance?
What is Tenant's Insurance?
What Does Tenant's Insurance Cover?
Do All Tenants Need Tenant's Insurance?
If My Landlord Has Home Insurance, Will That Protect Me?
Will Tenant's Insurance Cover Personal Liability?
Home Insurance Offered by TD
 Although it's not mandatory to have tenant's insurance if you're a renter, it could help you cover expenses that come up accidentally or unexpectedly from a covered loss. You may not realize how costly it may be to repair or replace your damaged items and how relatively inexpensive it could be to have tenant's insurance. If My Landlord Has Home Insurance, Will That Protect Me? Your landlord may have homeowner's insurance to protect the physical building structure like pipes, their appliances, and any upgrades they may have made to the unit. But their insurance will not cover your personal belongings if anything happens to them, if you cause unintentional damage to the building, or if someone is injured in your home – that's up to you to protect! Will Tenant's Insurance Cover Personal Liability? If someone slips and falls in your apartment, breaks his/her leg and now cannot work for a period of time, tenant's insurance could protect you financially from this personal liability. Keep in mind that coverage depends on whether you are seen as the liable party, or if the landlord is seen as liable. If you have to pay for damages from a cooking fire that damaged your apartment and adjoining apartments in your building, tenant's insurance could protect you in this case, too. A typical tenant’s insurance policy provides coverage, up to a limit, for the amount that you would have to pay in the event you are found liable for damages to others (liability coverage).

Tenant’s Insurance 101 | TD Insurance

What is Tenant's Insurance?
What is Tenant's Insurance?
What Does Tenant's Insurance Cover?
Do All Tenants Need Tenant's Insurance?
If My Landlord Has Home Insurance, Will That Protect Me?
Will Tenant's Insurance Cover Personal Liability?
Home Insurance Offered by TD

Although it's not mandatory to have tenant's insurance if you're a renter, it could help you cover expenses that come up accidentally or unexpectedly from a covered loss. You may not realize how costly it may be to repair or replace your damaged items and how relatively inexpensive it could be to have tenant's insurance. If My Landlord Has Home Insurance, Will That Protect Me? Your landlord may have homeowner's insurance to protect the physical building structure like pipes, their appliances, and any upgrades they may have made to the unit. But their insurance will not cover your personal belongings if anything happens to them, if you cause unintentional damage to the building, or if someone is injured in your home – that's up to you to protect! Will Tenant's Insurance Cover Personal Liability? If someone slips and falls in your apartment, breaks his/her leg and now cannot work for a period of time, tenant's insurance could protect you financially from this personal liability. Keep in mind that coverage depends on whether you are seen as the liable party, or if the landlord is seen as liable. If you have to pay for damages from a cooking fire that damaged your apartment and adjoining apartments in your building, tenant's insurance could protect you in this case, too. A typical tenant’s insurance policy provides coverage, up to a limit, for the amount that you would have to pay in the event you are found liable for damages to others (liability coverage).

10 Things You Should Know About Landlord Liability and Exposure 10 Things You Should Know About Landlord Liability and Exposure
10 Things You Should Know About Landlord Liability and Exposure
1. Injury Responsibility
2. Dangerous Conditions
3. Inspect the Premises
4. Other Perils
5. Liability Claims
6. Added Liability Concerns
7. Vehicle Liability
8. Dogs and Critters
9. Security Issues
10. Bad Behavior Tenants
From This Issue
November 1, 2010
Insurance Journal West Magazine
Focus on Professional Liability/PLUS; Habitational/Dwellings; Agents E&O Survey
 Security Issues
Although the common law imposed no duty on a landlord to protect tenants from criminal acts, modern law has evolved to the point that a landlord, under certain circumstances, may be responsible for the tenant’s security. Failure to adequately carry out that duty can expose him to liability. Landlords take on the responsibility for making sure the common areas — hallways, stairways, elevators, etc. — are kept in good condition and are reasonably safe from would be criminals. This frequently requires hiring security personnel and the installation of surveillance equipment. 10. Bad Behavior Tenants
A landlord also assumes some responsibility and potential liability, for the conduct of his tenants. If he knows of unlawful, obnoxious or other behavior that amounts to an ongoing nuisance, the landlord is required to take steps to protect other tenants, and indeed other people, who are affected by his tenant’s unreasonable conduct. This includes evicting the offender, if necessary. Topics Claims
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Security Issues
Although the common law imposed no duty on a landlord to protect tenants from criminal acts, modern law has evolved to the point that a landlord, under certain circumstances, may be responsible for the tenant’s security. Failure to adequately carry out that duty can expose him to liability. Landlords take on the responsibility for making sure the common areas — hallways, stairways, elevators, etc. — are kept in good condition and are reasonably safe from would be criminals. This frequently requires hiring security personnel and the installation of surveillance equipment. 10. Bad Behavior Tenants
A landlord also assumes some responsibility and potential liability, for the conduct of his tenants. If he knows of unlawful, obnoxious or other behavior that amounts to an ongoing nuisance, the landlord is required to take steps to protect other tenants, and indeed other people, who are affected by his tenant’s unreasonable conduct. This includes evicting the offender, if necessary. Topics Claims
Was this article valuable?

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.

Landlord's Legal Duty Regarding Asbestos in Apartment | AllLaw Landlord's Responsibility For Removing Asbestos from an Apartment
Landlord's Responsibility For Removing Asbestos from an Apartment
Landlords might be legally obligated to remove asbestos from rental properties in certain situations.
By Ann O’Connell, Attorney
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Federal Regulation of Asbestos
State Regulation of Asbestos
Landlord Liability for Tenants' Asbestos-Related Injuries
 When a landlord fails to provide a habitable residence, the law might allow tenants to break their lease, move out without notice, withhold rent, and sue the landlord for damages. ( Before taking action, though, tenants should consider contacting a local landlord-tenant attorney about what self-help measures are allowed under their state and local laws.) When landlords disclose the presence of asbestos, tenants can still choose to live in the rental. Because the danger has been disclosed, though, they usually cannot sue the landlord later if the asbestos has not been removed—unless the landlord promises to remove the asbestos and then fails to do so. Landlord Liability for Tenants' Asbestos-Related Injuries
Landlords can be held liable for tenant injuries in certain situations. When landlords who know (or should know) of the presence of asbestos fail to disclose it, a court might find them responsible under one of many possible legal theories. When tenants can demonstrate that they were exposed to asbestos in their rental, the landlord's potential liability for money damages to the tenant can be quite high. Medical professionals can often confirm asbestos exposure based on a patient's diagnosis and symptoms. When a tenant shows signs of asbestos-related health problems, the next step is to trace the source of their exposure. Tenants who believe they might have been injured from asbestos in their rental should consider contacting a personal injury attorney to learn more about asbestos exposure and the possibility of bringing a personal injury lawsuit.

Landlord's Legal Duty Regarding Asbestos in Apartment | AllLaw

Landlord's Responsibility For Removing Asbestos from an Apartment
Landlord's Responsibility For Removing Asbestos from an Apartment
Landlords might be legally obligated to remove asbestos from rental properties in certain situations.
By Ann O’Connell, Attorney
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Federal Regulation of Asbestos
State Regulation of Asbestos
Landlord Liability for Tenants' Asbestos-Related Injuries

When a landlord fails to provide a habitable residence, the law might allow tenants to break their lease, move out without notice, withhold rent, and sue the landlord for damages. ( Before taking action, though, tenants should consider contacting a local landlord-tenant attorney about what self-help measures are allowed under their state and local laws.) When landlords disclose the presence of asbestos, tenants can still choose to live in the rental. Because the danger has been disclosed, though, they usually cannot sue the landlord later if the asbestos has not been removed—unless the landlord promises to remove the asbestos and then fails to do so. Landlord Liability for Tenants' Asbestos-Related Injuries
Landlords can be held liable for tenant injuries in certain situations. When landlords who know (or should know) of the presence of asbestos fail to disclose it, a court might find them responsible under one of many possible legal theories. When tenants can demonstrate that they were exposed to asbestos in their rental, the landlord's potential liability for money damages to the tenant can be quite high. Medical professionals can often confirm asbestos exposure based on a patient's diagnosis and symptoms. When a tenant shows signs of asbestos-related health problems, the next step is to trace the source of their exposure. Tenants who believe they might have been injured from asbestos in their rental should consider contacting a personal injury attorney to learn more about asbestos exposure and the possibility of bringing a personal injury lawsuit.

What is Landlord Liability Insurance? Do I Need It? | Allstate What is Landlord Liability Insurance?
What is Landlord Liability Insurance?
YOU CAN COUNT ON A LOCAL AGENT.
DO I NEED LANDLORD LIABILITY INSURANCE?
What is Covered By Landlord Liability Insurance?
What Does Landlord Insurance Cover?
Does Landlord Insurance Cover Tenant Damage?
Do I Need Homeowners or Landlord Insurance?
What is Fair Rental Income Protection?
 Let's say a loose handrail causes a tenant to fall. You could be held responsible for resulting injuries, according to the Insurance Journal, if you were found negligent in maintaining the property — or even if you just failed to warn the tenant of a potential safety risk. If that were to happen, your landlord liability coverage would likely kick in to help pay your legal defense and help cover court judgments made against you, up to the limits stated in your policy. Other situations could also expose you to liability, according to the Insurance Journal. If you fail to provide proper security for your tenants, for instance, or if your tenant engages in unlawful behavior and you fail to take measures to stop it, you could be held liable. Landlord liability coverage can usually help protect you in these and other similar scenarios, up to the limit that's set in your policy. Having a landlord insurance policy with liability coverage can go a long way toward giving you the peace of mind that comes with knowing you have a safety net in place, just in case. What Does Landlord Insurance Cover? Does Landlord Insurance Cover Tenant Damage? Do I Need Homeowners or Landlord Insurance?

What is Landlord Liability Insurance? Do I Need It? | Allstate

What is Landlord Liability Insurance?
What is Landlord Liability Insurance?
YOU CAN COUNT ON A LOCAL AGENT.
DO I NEED LANDLORD LIABILITY INSURANCE?
What is Covered By Landlord Liability Insurance?
What Does Landlord Insurance Cover?
Does Landlord Insurance Cover Tenant Damage?
Do I Need Homeowners or Landlord Insurance?
What is Fair Rental Income Protection?

Let's say a loose handrail causes a tenant to fall. You could be held responsible for resulting injuries, according to the Insurance Journal, if you were found negligent in maintaining the property — or even if you just failed to warn the tenant of a potential safety risk. If that were to happen, your landlord liability coverage would likely kick in to help pay your legal defense and help cover court judgments made against you, up to the limits stated in your policy. Other situations could also expose you to liability, according to the Insurance Journal. If you fail to provide proper security for your tenants, for instance, or if your tenant engages in unlawful behavior and you fail to take measures to stop it, you could be held liable. Landlord liability coverage can usually help protect you in these and other similar scenarios, up to the limit that's set in your policy. Having a landlord insurance policy with liability coverage can go a long way toward giving you the peace of mind that comes with knowing you have a safety net in place, just in case. What Does Landlord Insurance Cover? Does Landlord Insurance Cover Tenant Damage? Do I Need Homeowners or Landlord Insurance?

Landlord Liability for Criminal Acts of Tenants | LegalMatch Landlord Liability for Criminal Acts of Tenants
Landlord Liability for Criminal Acts of Tenants
What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants?
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What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs?
What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?
I’m Concerned About My Tenants, Do I Need a Lawyer?
 Landlord Liability for Criminal Acts of Tenants | LegalMatch
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What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants? In addition to being liable for the criminal acts of strangers/non-tenants, a landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants . Most often, landlords are held responsible for tenants dealing drugs on the property. Contents
What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs? What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?

Landlord Liability for Criminal Acts of Tenants | LegalMatch

Landlord Liability for Criminal Acts of Tenants
Landlord Liability for Criminal Acts of Tenants
What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants?
Contents
What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs?
What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?
I’m Concerned About My Tenants, Do I Need a Lawyer?

Landlord Liability for Criminal Acts of Tenants | LegalMatch
Find a Lawyer
Legal Topics
Real Estate Law
Landlord Tenant Law
Landlord Liability for Criminal Acts of Tenan...
Landlord Liability for Criminal Acts of Tenants
Where You Need a Lawyer: Zip Code or City: (This may not be the same place you live)
Choose a Legal Category: Most Common Real Estate Issues: Mortgages
Condominiums and Cooperatives
Purchase and Sale of Residence
Construction Disputes
Title and Boundary Disputes
Landlord and Tenant
Zoning, Planning and Land Use
Foreclosures
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What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants? In addition to being liable for the criminal acts of strangers/non-tenants, a landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants . Most often, landlords are held responsible for tenants dealing drugs on the property. Contents
What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs? What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?

3 Times a Landlord Could Be Liable for a Tenant's Dog Bite 3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
Vicious Dogs at Your Rental Property
Tenant Usually Liable for a Dog Bite
Advise Tenants to Purchase Renter's Insurance:
3 Times a Landlord Could Be Liable
3 Ways Landlords Can Protect Themselves
 Tenant Usually Liable for a Dog Bite
In most cases, if a dog causes harm, the owner of the dog is the one who is solely responsible. This is particularly true if this is the first time, to your knowledge, that the animal has displayed vicious behavior. Compare the situation to your responsibility for a tenant’s child. If their child gets into a fight with another child in the building, it is the child’s parents who have to deal with any legal issues, not you. Advise Tenants to Purchase Renter's Insurance: Since the liability for a dog bite often rests on the tenant, you must advise all of your tenants, especially those with animals, to purchase renter's insurance. It is important that they examine the policy to make sure it does not exclude coverage for injuries or damage caused by a dog or that it does not exclude certain dangerous dog breeds from the coverage. They should also make sure to find a policy that offers an adequate amount of personal liability coverage, usually at least $100,000. 3 Times a Landlord Could Be Liable
In most cases, a landlord will not be liable if a tenant’s dog attacks someone. However, there are certain situations when a landlord can be held responsible if a tenant’s dog does cause harm.

3 Times a Landlord Could Be Liable for a Tenant's Dog Bite

3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
Vicious Dogs at Your Rental Property
Tenant Usually Liable for a Dog Bite
Advise Tenants to Purchase Renter's Insurance:
3 Times a Landlord Could Be Liable
3 Ways Landlords Can Protect Themselves

Tenant Usually Liable for a Dog Bite
In most cases, if a dog causes harm, the owner of the dog is the one who is solely responsible. This is particularly true if this is the first time, to your knowledge, that the animal has displayed vicious behavior. Compare the situation to your responsibility for a tenant’s child. If their child gets into a fight with another child in the building, it is the child’s parents who have to deal with any legal issues, not you. Advise Tenants to Purchase Renter's Insurance: Since the liability for a dog bite often rests on the tenant, you must advise all of your tenants, especially those with animals, to purchase renter's insurance. It is important that they examine the policy to make sure it does not exclude coverage for injuries or damage caused by a dog or that it does not exclude certain dangerous dog breeds from the coverage. They should also make sure to find a policy that offers an adequate amount of personal liability coverage, usually at least $100,000. 3 Times a Landlord Could Be Liable
In most cases, a landlord will not be liable if a tenant’s dog attacks someone. However, there are certain situations when a landlord can be held responsible if a tenant’s dog does cause harm.

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
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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.

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.

Landlord Obligations for Habitable Premises - The Basic California Law | Stimmel Law Landlord Obligations for Habitable Premises - The Basic California Law
Landlord Obligations for Habitable Premises - The Basic California Law
The Basic Law:
The Statute:
[CA Civil Code Sec. 1941.2]
Legal Remedies Available for Tenant:
Landlord Liability for Unsafe Conditions:
Conclusion:
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 If in fact the landlord had some control in that adjacent piece of land and gained economic benefit from that property, he could be held potentially liable for failing to notify the plaintiff of the hazard. A landlord can also be held liable when a tenant’s dog bites a person if the landlord had prior knowledge to theviciousness of the dog and could have taken steps to remove the dog to avoid injury. If the landlord owns commercialproperty, he has a duty to inspect the property and remove the dangerous factor. If the landlord owns residential property, he does not need to inspect the property to discover any dangerous factor, but once he has knowledge of a threat, he has the duty to take the necessary steps [ Uccello v. Laudenslayer (1975)]. Note that a landlord can even be held liable if the event takes place away from the landlord’s property, as in Donchin v. Guerrero (1995), where the court held that the landlord could be held liable for a tenant’s dog attacking a person four blocks away from the property. The court recognized that the landlord may not have been able to prevent the tenant from taking the dog off the property, but if the dog escaped on its own due to defects in the property, the landlord could be held liable. Conclusion: The theme of the law is not complex. If you intend to make a profit from renting living space, you will have to provide living accommodations that meet certain habitability conditions and if you do not, the tenant may make those repairs or terminate the leasehold. If you have allowed uns

If in fact the landlord had some control in that adjacent piece of land and gained economic benefit from that property, he could be held potentially liable for failing to notify the plaintiff of the hazard. A landlord can also be held liable when a tenant’s dog bites a person if the landlord had prior knowledge to theviciousness of the dog and could have taken steps to remove the dog to avoid injury. If the landlord owns commercialproperty, he has a duty to inspect the property and remove the dangerous factor. If the landlord owns residential property, he does not need to inspect the property to discover any dangerous factor, but once he has knowledge of a threat, he has the duty to take the necessary steps [ Uccello v. Laudenslayer (1975)]. Note that a landlord can even be held liable if the event takes place away from the landlord’s property, as in Donchin v. Guerrero (1995), where the court held that the landlord could be held liable for a tenant’s dog attacking a person four blocks away from the property. The court recognized that the landlord may not have been able to prevent the tenant from taking the dog off the property, but if the dog escaped on its own due to defects in the property, the landlord could be held liable. Conclusion: The theme of the law is not complex. If you intend to make a profit from renting living space, you will have to provide living accommodations that meet certain habitability conditions and if you do not, the tenant may make those repairs or terminate the leasehold. If you have allowed uns

When Is a Landlord Guilty of Negligence? | Home Guides | SF Gate When Is a Landlord Guilty of Negligence?
When Is a Landlord Guilty of Negligence?
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Negligent Landlords
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 Examples include no hot and cold running water, poorly constructed or repaired stairs, broken toilets or broken locks. Another cause of action is negligent or intentional infliction of emotional distress, which depends on the duration and severity of the condition. An example of this is the stress and pain suffered from the effects of an apartment fire where the landlord did not repair faulty smoke detectors after several requests. Negligence and Liability
The landlord can be held liable for injuries, loss of property, emotional anguish and even the cost of the tenant relocating to another rental property if it can be shown that an action or inaction was negligent. When tenants can show the court that the landlord received several repair requests, had adequate time and means to make the repair and chose not to make corrections, the landlord can be found guilty of negligence. A guilty verdict can mean fines, reparations and possibly jail time.

When Is a Landlord Guilty of Negligence? | Home Guides | SF Gate

When Is a Landlord Guilty of Negligence?
When Is a Landlord Guilty of Negligence?
Timeline for Repairs
Negligent Landlords
Get the Best Mortgage Rate for You
Causes of Action
Negligence and Liability

Examples include no hot and cold running water, poorly constructed or repaired stairs, broken toilets or broken locks. Another cause of action is negligent or intentional infliction of emotional distress, which depends on the duration and severity of the condition. An example of this is the stress and pain suffered from the effects of an apartment fire where the landlord did not repair faulty smoke detectors after several requests. Negligence and Liability
The landlord can be held liable for injuries, loss of property, emotional anguish and even the cost of the tenant relocating to another rental property if it can be shown that an action or inaction was negligent. When tenants can show the court that the landlord received several repair requests, had adequate time and means to make the repair and chose not to make corrections, the landlord can be found guilty of negligence. A guilty verdict can mean fines, reparations and possibly jail time.

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
 A landlord who  doesn't think getting rid of the dog is necessary may still want to take  precautions, such as fencing in a yard or asking 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 if the  injuries don't occur on 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. 45
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. 46 Some courts, however, have ruled that a  landlord has no duty to prevent injuries to third parties caused by a  tenant's dog off the premises. 47
Harboring a Tenant's Dog
Someone who "keeps" or "harbors" a dog - that is, cares for or exercises  some control over it - is usually treated just like the dog's legal owner when  it comes to liability for injury the dog causes. A landlord who does more  than merely rent to a tenant who has a dog may be considered a "keeper"  for purposes of liability. Here are some examples that show how courts  evaluate such situations:

A landlord who  doesn't think getting rid of the dog is necessary may still want to take  precautions, such as fencing in a yard or asking 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 if the  injuries don't occur on 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. 45
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. 46 Some courts, however, have ruled that a  landlord has no duty to prevent injuries to third parties caused by a  tenant's dog off the premises. 47
Harboring a Tenant's Dog
Someone who "keeps" or "harbors" a dog - that is, cares for or exercises  some control over it - is usually treated just like the dog's legal owner when  it comes to liability for injury the dog causes. A landlord who does more  than merely rent to a tenant who has a dog may be considered a "keeper"  for purposes of liability. Here are some examples that show how courts  evaluate such situations:

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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 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.

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

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.

Liability for Bites by Tenants' Dogs Liability for Bites by Tenants' Dogs
Return to your topic: Landlord liability for dog bites
Liability for Bites by Tenants' Dogs
 Liability for Bites by Tenants' Dogs
Return to your topic: Landlord liability for dog bites
Liability for Bites by Tenants' Dogs
When a renter's dog bites a person, the victim will consider making a claim against the renter's landlord if the renter does not have renter's insurance (or that insurance is insufficient). The claim must be based on common law principles because there are no statutes in the USA making landlords automatically liable for dog bites. The general, traditional rule of landlord liability is set forth in Restatement (Second) of Torts §379A (1965), which states that a landlord will be held liable for any activity on his property if: " (a) the lessor at the time of the lease consented to such activity or knew that it would be carried on, and
" (b) the lessor knew or had reason to know that it would unavoidably involve such an unreasonable risk, or that special precautions necessary to safety would not be taken." As it applies to dog bites, the landlord liability rules are more specific and cover a wider variety of circumstances. In most states, a landlord may be liable for injuries and bites inflicted by a dog belonging to a tenant, if the landlord (a) had scienter and the requisite degree of control over the premises or the dog itself, such as the ability to have it confined or removed, or (b) increased the risk of danger by failing to do something pertaining to the confinement or control of the dog which fell within the normal obligations of the landlord or which he undertook voluntarily, such as neglecting to fix a gate or fence. See generally Wade R. Habeeb, LL.B., Annotation, Landlord's Liability to Third Person for Injury Resulting from Attack by Dangerous or Vicious Animal Kept by Tenant, 81 A.L.R.3d 638 (1977). "Scienter" is defined as knowledge of a dog's dangerousness or viciousness. ( See The One Bite Rule .)

Liability for Bites by Tenants' Dogs

Liability for Bites by Tenants' Dogs
Return to your topic: Landlord liability for dog bites
Liability for Bites by Tenants' Dogs

Liability for Bites by Tenants' Dogs Liability for Bites by Tenants' Dogs
Return to your topic: Landlord liability for dog bites
Liability for Bites by Tenants' Dogs
 As with areas off the premises, the landlord does not retain control within the leased premises. Thus, to place liability on the landlord for injuries occurring within the leased premises over which the landlord has given up control to the tenant is to make the landlord an insurer. Nevertheless, at least one case imposed liability on the landlord based on Restatement of Torts section 324A (b) when a known vicious dog escaped through a defective gate and attacked a child off the landlord's property. In Wright v. Schum, 781 P.2d 1142 (Nev. 1989), the landlord's tenant had a vicious pitbull, there was a clearly defective gate, the landlord made a deal with the tenant to not evict if the pitbull were kept on a chain or inside the house, and the landlord promised a neighbor (not the eventual dog bite victim, but a different neighbor) that the landlord would "take care of the problem" with the pitbull. Relying on section 324A (b), the court held that the landlord had undertaken to perform his tenant's duty to confine the pitbull, and had negligently breached that duty, and therefore was liable for the child's injuries. One commentator argues that a landlord's liability for harm created by the behavior of tenants (which includes the ownership of a dangerous dog) is based on the warranty of habitability. ( John A. Humbach, Landlord Control of Tenant Behavior: An Instance of Private Environmental Legislation, 45 Fordham L. Rev. 223 (1976), "It is not unreasonable that the implied warranty of habitability should be extended to impose landlord responsibility for tenant misconduct.") In some cases, courts have held landlords liable to their tenants who were bitten by dogs which came from adjacent property. See Liability For Bites By Dogs Upon Adjacent Property.

Liability for Bites by Tenants' Dogs

3 Times a Landlord Could Be Liable for a Tenant's Dog Bite 3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
3 Times a Landlord Could Be Liable for a Tenant's Dog Bite
Vicious Dogs at Your Rental Property
Tenant Usually Liable for a Dog Bite
Advise Tenants to Purchase Renter's Insurance:
3 Times a Landlord Could Be Liable
3 Ways Landlords Can Protect Themselves
 Since the liability for a dog bite often rests on the tenant, you must advise all of your tenants, especially those with animals, to purchase renter's insurance. It is important that they examine the policy to make sure it does not exclude coverage for injuries or damage caused by a dog or that it does not exclude certain dangerous dog breeds from the coverage. They should also make sure to find a policy that offers an adequate amount of personal liability coverage, usually at least $100,000. 3 Times a Landlord Could Be Liable
In most cases, a landlord will not be liable if a tenant’s dog attacks someone. However, there are certain situations when a landlord can be held responsible if a tenant’s dog does cause harm. Please keep in mind that each state has different laws, so it is important to check locally to determine the exact rules that may apply to you. According to Nolo.com, a landlord could be held accountable if they: “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.” Knew the Dog Was Dangerous:

Since the liability for a dog bite often rests on the tenant, you must advise all of your tenants, especially those with animals, to purchase renter's insurance. It is important that they examine the policy to make sure it does not exclude coverage for injuries or damage caused by a dog or that it does not exclude certain dangerous dog breeds from the coverage. They should also make sure to find a policy that offers an adequate amount of personal liability coverage, usually at least $100,000. 3 Times a Landlord Could Be Liable
In most cases, a landlord will not be liable if a tenant’s dog attacks someone. However, there are certain situations when a landlord can be held responsible if a tenant’s dog does cause harm. Please keep in mind that each state has different laws, so it is important to check locally to determine the exact rules that may apply to you. According to Nolo.com, a landlord could be held accountable if they: “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.” Knew the Dog Was Dangerous:

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury? | Pocketsense Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Renter's Insurance Coverage Basics
Does Renter's Insurance Cover Personal Injury?
Does Renter's Insurance Cover Slip and Fall Injuries?
Landlord’s Liability for Slip and Fall
Protect Yourself with Renter's Insurance
 Examples of the types of accidents where the tenant is likely to be found liable are as follows: Spilled water or grease in the kitchen that wasn’t wiped up right away
Rug being placed on a bare floor without an anti-slip underlay
Exposed cord in a living room or bedroom creates a falling hazard
Excess clutter or furniture placed in areas of the rented space normally used as a path through the home
Landlord’s Liability for Slip and Fall
In some cases, your landlord would be considered liable (at fault) for a visitor’s slip and fall injury, even though it took place in your rented home or apartment. If the cause for the visitor’s injury was something that the landlord should have been responsible for, then he or she would be liable for the injuries caused. For example, the floor in the rented unit is uneven. A visitor to the unit slips and falls, leading to an injury requiring medical treatment and time off work. If the landlord knew about the uneven floor, had agreed to repair it but didn’t look after the repairs within a reasonable time, the landlord may be held liable for the injured person’s injuries, lost wages and any other damages. Protect Yourself with Renter's Insurance
You never know when an accident may occur in your rented home. Despite your best efforts to keep your home safe, a visitor may slip and fall, needing medical attention. Investing in a renter's insurance policy to protect you from having to pay for expenses in connection with a claim personally is money well spent. This type of coverage will also protect the contents of your home against theft and damage from several types of losses.

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury? | Pocketsense

Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Does Renter's Insurance Cover the Insured in a Slip & Fall Injury?
Renter's Insurance Coverage Basics
Does Renter's Insurance Cover Personal Injury?
Does Renter's Insurance Cover Slip and Fall Injuries?
Landlord’s Liability for Slip and Fall
Protect Yourself with Renter's Insurance

Examples of the types of accidents where the tenant is likely to be found liable are as follows: Spilled water or grease in the kitchen that wasn’t wiped up right away
Rug being placed on a bare floor without an anti-slip underlay
Exposed cord in a living room or bedroom creates a falling hazard
Excess clutter or furniture placed in areas of the rented space normally used as a path through the home
Landlord’s Liability for Slip and Fall
In some cases, your landlord would be considered liable (at fault) for a visitor’s slip and fall injury, even though it took place in your rented home or apartment. If the cause for the visitor’s injury was something that the landlord should have been responsible for, then he or she would be liable for the injuries caused. For example, the floor in the rented unit is uneven. A visitor to the unit slips and falls, leading to an injury requiring medical treatment and time off work. If the landlord knew about the uneven floor, had agreed to repair it but didn’t look after the repairs within a reasonable time, the landlord may be held liable for the injured person’s injuries, lost wages and any other damages. Protect Yourself with Renter's Insurance
You never know when an accident may occur in your rented home. Despite your best efforts to keep your home safe, a visitor may slip and fall, needing medical attention. Investing in a renter's insurance policy to protect you from having to pay for expenses in connection with a claim personally is money well spent. This type of coverage will also protect the contents of your home against theft and damage from several types of losses.

Liability for Bites by Tenants' Dogs Liability for Bites by Tenants' Dogs
Return to your topic: Landlord liability for dog bites
Liability for Bites by Tenants' Dogs
 The liability of a hotel is similar to that of a landlord. As a general rule, a hotel has a duty of “maintaining the hotel premises in a reasonably safe condition, and of exercising reasonable care to protect them (guests) while in the hotel and in the part thereof open to the public from personal injury through his negligence." Adams v. Dow Hotel (1938) 25 Cal. App.2d 51, 53-54. Some states do not ever impose liability on the landlord for injuries inflicted by a tenant's dog. For example, a landlord who has actual knowledge that a dangerous dog is on his tenant's property, and who has every right to expel the tenant or the dog, is not liable for a victim's injuries in the state of Kansas. ( Colombel v. Milan (1998) 24 Kan. App.2d 728.) See also Arkansas Code Annotated section 18-16-110, which states: " No landlord or agent or employer of a landlord shall be liable to a tenant or a tenant's lcensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord's: (

Liability for Bites by Tenants' Dogs

The liability of a hotel is similar to that of a landlord. As a general rule, a hotel has a duty of “maintaining the hotel premises in a reasonably safe condition, and of exercising reasonable care to protect them (guests) while in the hotel and in the part thereof open to the public from personal injury through his negligence." Adams v. Dow Hotel (1938) 25 Cal. App.2d 51, 53-54. Some states do not ever impose liability on the landlord for injuries inflicted by a tenant's dog. For example, a landlord who has actual knowledge that a dangerous dog is on his tenant's property, and who has every right to expel the tenant or the dog, is not liable for a victim's injuries in the state of Kansas. ( Colombel v. Milan (1998) 24 Kan. App.2d 728.) See also Arkansas Code Annotated section 18-16-110, which states: " No landlord or agent or employer of a landlord shall be liable to a tenant or a tenant's lcensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord's: (

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
 Children on Property
A landowner's duty to warn is different with respect to children who aren't authorized to be on the property. A property owner/possessor must give a warning if he or she knows (or should know) that children are likely to be on the premises, and that a dangerous condition on the premises is likely to cause serious bodily injury or death. The special duty to children is generally referred to as the " attractive nuisance " doctrine. When Both Parties Are at Fault
One of the most commonly used limitations on a property owner/possessor's liability is the argument that the injured person was partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety. 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.

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

Children on Property
A landowner's duty to warn is different with respect to children who aren't authorized to be on the property. A property owner/possessor must give a warning if he or she knows (or should know) that children are likely to be on the premises, and that a dangerous condition on the premises is likely to cause serious bodily injury or death. The special duty to children is generally referred to as the " attractive nuisance " doctrine. When Both Parties Are at Fault
One of the most commonly used limitations on a property owner/possessor's liability is the argument that the injured person was partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety. 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.

Real Estate Series Part II: What Is a Landlord Responsible For? | legalzoom.com Real Estate Series Part II: What Is a Landlord Responsible For?
Real Estate Series Part II: What Is a Landlord Responsible For?
What Do You Need to Know?
What Qualifies as Uninhabitable?
Keeping a Property Habitable
Warranty of Habitability
Responsibility for Repairs
Due Diligence and Due Care
Security Deposit
Leasing Space
Laws May Differ in Your State
Stephanie Morrow
 The warranty of habitability is also not violated if a building has a minor housing code violation that does not affect the habitability of the unit. Responsibility for Repairs
Although landlords are primarily responsible for ensuring the habitability of the rental unit, both landlords and tenants are responsible for certain repairs. For instance, the landlord must perform any maintenance work that is necessary for keeping the rental unit livable for the tenant. The landlord is also legally responsible for repairing any defects, and will be liable for any injuries resulting from a defect that the landlord failed to repair or repaired ineffectively. However, a landlord is not responsible for repairing damages that were caused by the tenant or the tenant's family, guests or pets. Due Diligence and Due Care
A landlord is required to inspect and resolve all defects and hazards that may exist within a rental unit prior to a tenant's move-in date. If defects or hazards are found on a property and can be determined as a potential hazard, the landlord can be held accountable for any injuries or illnesses inflicted upon the tenants. In other words, the landlord must exercise "due diligence." He or she has the responsibility to investigate and identify any harmful issues. A landlord must also exercise "due care."

Real Estate Series Part II: What Is a Landlord Responsible For? | legalzoom.com

Real Estate Series Part II: What Is a Landlord Responsible For?
Real Estate Series Part II: What Is a Landlord Responsible For?
What Do You Need to Know?
What Qualifies as Uninhabitable?
Keeping a Property Habitable
Warranty of Habitability
Responsibility for Repairs
Due Diligence and Due Care
Security Deposit
Leasing Space
Laws May Differ in Your State
Stephanie Morrow

The warranty of habitability is also not violated if a building has a minor housing code violation that does not affect the habitability of the unit. Responsibility for Repairs
Although landlords are primarily responsible for ensuring the habitability of the rental unit, both landlords and tenants are responsible for certain repairs. For instance, the landlord must perform any maintenance work that is necessary for keeping the rental unit livable for the tenant. The landlord is also legally responsible for repairing any defects, and will be liable for any injuries resulting from a defect that the landlord failed to repair or repaired ineffectively. However, a landlord is not responsible for repairing damages that were caused by the tenant or the tenant's family, guests or pets. Due Diligence and Due Care
A landlord is required to inspect and resolve all defects and hazards that may exist within a rental unit prior to a tenant's move-in date. If defects or hazards are found on a property and can be determined as a potential hazard, the landlord can be held accountable for any injuries or illnesses inflicted upon the tenants. In other words, the landlord must exercise "due diligence." He or she has the responsibility to investigate and identify any harmful issues. A landlord must also exercise "due care."

FAQ -- Landlord Responsibilities: Criminal Activities - FindLaw FAQ -- Landlord Responsibilities: Criminal Activities
FAQ -- Landlord Responsibilities: Criminal Activities
What responsibilities does a landlord have for tenants' safety and security?
Are there ways that a landlord can limit their responsibility for the criminal acts of non-tenants?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Can landlords face legal trouble for tenants that deal drugs on the rental property?
Are there ways that a landlord can limit their responsibility for a tenant's criminal conduct?
Get Legal Help With a Landlord's Responsibilities Regarding Criminal Activity
 If a property manager commits a crime against a tenant, the landlord will most likely be responsible for the acts of the property manager and can expect to be sued for a large amount of money. Even if some of these measures may seem to be overly expensive, keep in mind that any dollar spent now may save thousands of dollars in the future. Jury awards and litigation settlements for crimes such as assault and rape inside of a rental property can cost landlords hundreds of thousands of dollars, if not millions. Can landlords face legal trouble for tenants that deal drugs on the rental property? Yes. If a landlord rents to a person that deals drugs out of their rental property, the landlord may face one or more of the following kinds of practical and legal problems: The landlord may face fines stemming from various federal, state, city, or local laws. Any person that is injured or otherwise bothered by drug dealers in a landlord's rental properties — be it another tenant or someone in the community — may sue the landlord, claiming that the rental property has become a public nuisance or poses a danger to the community. The police or other law enforcement officers may try to impose criminal liability on the landlord if the landlord knowingly allowed drug dealing on the rental property. The government may seize the landlord's rental property and other assets, in extreme cases.

FAQ -- Landlord Responsibilities: Criminal Activities - FindLaw

FAQ -- Landlord Responsibilities: Criminal Activities
FAQ -- Landlord Responsibilities: Criminal Activities
What responsibilities does a landlord have for tenants' safety and security?
Are there ways that a landlord can limit their responsibility for the criminal acts of non-tenants?
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Can landlords face legal trouble for tenants that deal drugs on the rental property?
Are there ways that a landlord can limit their responsibility for a tenant's criminal conduct?
Get Legal Help With a Landlord's Responsibilities Regarding Criminal Activity

If a property manager commits a crime against a tenant, the landlord will most likely be responsible for the acts of the property manager and can expect to be sued for a large amount of money. Even if some of these measures may seem to be overly expensive, keep in mind that any dollar spent now may save thousands of dollars in the future. Jury awards and litigation settlements for crimes such as assault and rape inside of a rental property can cost landlords hundreds of thousands of dollars, if not millions. Can landlords face legal trouble for tenants that deal drugs on the rental property? Yes. If a landlord rents to a person that deals drugs out of their rental property, the landlord may face one or more of the following kinds of practical and legal problems: The landlord may face fines stemming from various federal, state, city, or local laws. Any person that is injured or otherwise bothered by drug dealers in a landlord's rental properties — be it another tenant or someone in the community — may sue the landlord, claiming that the rental property has become a public nuisance or poses a danger to the community. The police or other law enforcement officers may try to impose criminal liability on the landlord if the landlord knowingly allowed drug dealing on the rental property. The government may seize the landlord's rental property and other assets, in extreme cases.

Tenant Maintenance & Repair Responsibilities Rental Maintenance & Repair - Who is Responsible?
Rental Maintenance & Repair - Who is Responsible?
Federal Regulation
Tenant Responsibilities
Replacing Light Bulbs
Window Cleaning
General Cleaning
Tenant Damage
Landlord and Manager Responsibilities
Pest Control
Bed Bugs
Safety and Security
Appliances
Outlined in the Lease
Landscaping & Yard Work
Gutter Cleaning
Hurricane and Natural Disaster Preparation
Also on Hemlane
Free Excel Real Estate Investing Pro-Forma …
Rental HVAC Maintenance Guide …
Everything Landlords and Managers Need …
5 Top Tactics used by Professional Tenants
Utah Tenant-Landlord Law
1099 filings for landlords [2021 …
What! Zillow is Charging to …
Top Residential Rental Lease Clauses
Featured Tools
Finding and Selecting the Best Tenant
 Perhapes the most important consideration for owner's & managers to be aware of is bed bugs in one unit can easily migrate to neighboring units, greatly increasing the remediation cost. All the reason why absolute care needs to be put into preventing the bed bugs from entering the rental unit in the first place. Safety and Security
The landlord is responsible for keeping the property secure and safe, but there are different levels of priority. High priority items, such as a broken down furnace at extreme temperatures, require action to ensure the tenant’s immediate safety. State and local laws outline what temperatures constitute an inhabitable environment for the tenant. In these situations, landlords are responsible to take immediate action. You can also read some general guidelines in Hemlane's Emergency Request Guide. Owners & managers can be found liable if someone was harmed due to hypothermia or heat exhaustion. Other repairs are necessary to ensure a safe living environment but do not require the same sense of urgency. Landlords are responsible to fix items such as broken deadbolts due to tenant damage.

Tenant Maintenance & Repair Responsibilities

Rental Maintenance & Repair - Who is Responsible?
Rental Maintenance & Repair - Who is Responsible?
Federal Regulation
Tenant Responsibilities
Replacing Light Bulbs
Window Cleaning
General Cleaning
Tenant Damage
Landlord and Manager Responsibilities
Pest Control
Bed Bugs
Safety and Security
Appliances
Outlined in the Lease
Landscaping & Yard Work
Gutter Cleaning
Hurricane and Natural Disaster Preparation
Also on Hemlane
Free Excel Real Estate Investing Pro-Forma …
Rental HVAC Maintenance Guide …
Everything Landlords and Managers Need …
5 Top Tactics used by Professional Tenants
Utah Tenant-Landlord Law
1099 filings for landlords [2021 …
What! Zillow is Charging to …
Top Residential Rental Lease Clauses
Featured Tools
Finding and Selecting the Best Tenant

Perhapes the most important consideration for owner's & managers to be aware of is bed bugs in one unit can easily migrate to neighboring units, greatly increasing the remediation cost. All the reason why absolute care needs to be put into preventing the bed bugs from entering the rental unit in the first place. Safety and Security
The landlord is responsible for keeping the property secure and safe, but there are different levels of priority. High priority items, such as a broken down furnace at extreme temperatures, require action to ensure the tenant’s immediate safety. State and local laws outline what temperatures constitute an inhabitable environment for the tenant. In these situations, landlords are responsible to take immediate action. You can also read some general guidelines in Hemlane's Emergency Request Guide. Owners & managers can be found liable if someone was harmed due to hypothermia or heat exhaustion. Other repairs are necessary to ensure a safe living environment but do not require the same sense of urgency. Landlords are responsible to fix items such as broken deadbolts due to tenant 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
 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.

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.

Is landlord legally obligated to monitor property for illegal activity? | LandlordTenantLawFirms Is landlord legally obligated to monitor property for illegal activity?
Is landlord legally obligated to monitor property for illegal activity?
Question
Answer
 Is landlord legally obligated to monitor property for illegal activity? | LandlordTenantLawFirms
Is landlord legally obligated to monitor property for illegal activity? Question
As a landlord, am I legally obligated to monitor the property for illegal activity by my tenants? For example, if my tenants get caught doing something illegal in their rental unit, will I have any liability? Answer
Landlords in most states have some degree of legal responsibility to protect their tenants from illegal activities, such as drug dealing, on the premises and to create a safe living environment for their tenants. These legal duties stem from building codes, ordinances, statutes, and court decisions. If you are negligent and fail to protect your tenants from illegal activities—for example, you do not respond to other tenants’ complaints about illegal drug dealing or criminal activity on your rental property—the consequences may be serious: You may be held liable for injuries or losses that result from the illegal activity. A tenant (or someone in the neighborhood) who is injured or annoyed may sue you on the grounds that the rental property is a public nuisance that seriously threatens public safety or morals. Law enforcement authorities may seek criminal penalties against landlords who knowingly allow illegal activity to take place on the rental property.

Is landlord legally obligated to monitor property for illegal activity? | LandlordTenantLawFirms

Is landlord legally obligated to monitor property for illegal activity?
Is landlord legally obligated to monitor property for illegal activity?
Question
Answer

Is landlord legally obligated to monitor property for illegal activity? | LandlordTenantLawFirms
Is landlord legally obligated to monitor property for illegal activity? Question
As a landlord, am I legally obligated to monitor the property for illegal activity by my tenants? For example, if my tenants get caught doing something illegal in their rental unit, will I have any liability? Answer
Landlords in most states have some degree of legal responsibility to protect their tenants from illegal activities, such as drug dealing, on the premises and to create a safe living environment for their tenants. These legal duties stem from building codes, ordinances, statutes, and court decisions. If you are negligent and fail to protect your tenants from illegal activities—for example, you do not respond to other tenants’ complaints about illegal drug dealing or criminal activity on your rental property—the consequences may be serious: You may be held liable for injuries or losses that result from the illegal activity. A tenant (or someone in the neighborhood) who is injured or annoyed may sue you on the grounds that the rental property is a public nuisance that seriously threatens public safety or morals. Law enforcement authorities may seek criminal penalties against landlords who knowingly allow illegal activity to take place on the rental property.

Repairs FAQ | Tenants Union Repairs FAQ
Before using this information, please read:
Repairs FAQ
What is the landlord required to repair?
What repairs can my landlord hold me responsible for?
How much can my landlord charge to fix items that I damage in the unit?
Can I withhold rent to force the landlord to make repairs?
My landlord began to make a repair within the legal timeframe, but they have still not fixed the problem after a considerable amount of time. Can I still break my lease even though they started repairs?
I can’t live in my unit because a pipe burst causing a flood. Is my landlord required to put me up in a motel or move me to another unit?
My apartment flooded due to a faulty plumbing and all my belongings were damaged. Is the landlord responsible to pay for the cost?
I can’t live in my unit because the mold is impacting my health. Can I legally break my lease because of this?
What if I follow the repairs procedure and the landlord still isn’t fixing my unit?
Can I ask the landlord to put in better carpeting or refurbish the countertops?
Are there legal standards for how often a landlord has to replace the carpet or repaint the walls?
My landlord says that they don’t have to make repairs in my unit because my rent is so cheap. Is this legal?
I signed a lease stating that I have to make all the repairs in my unit, and that I have to accept the unit  “ as is.” Can my landlord hold me to this?
My toilet clogs regularly. We had to call a plumber out, and my landlord is charging me the cost of the repair, saying that I use too much toilet paper. Is this legal?
I injured myself because the landlord didn’t make repairs on my unit. Can I hold my landlord liable for the costs of my medical bills?
 My apartment flooded due to a faulty plumbing and all my belongings were damaged. Is the landlord responsible to pay for the cost? State law does not specifically require this, but tenants have an argument that the landlord can be held liable for property damage. If the tenant has documentation that they had previously communicated with the landlord about the problem and the landlord took no action to fix it, the argument would be stronger. If the tenant has not communicated with the landlord about the problem, then the tenant can argue that the landlord should have known about the problem. Other tenants in the building may have had similar problems and would be willing to testify or provide written statements. Communicating with other tenants is invaluable. This is another reason why it is helpful for tenants to hold on to copies of all of their repair requests. Landlords cannot be held liable for property damage resulting from a repair problem unless they knew or should have known about the problem. It is also a good idea for renters to get renters’ insurance that will cover the cost of any property damages.

Repairs FAQ | Tenants Union

Repairs FAQ
Before using this information, please read:
Repairs FAQ
What is the landlord required to repair?
What repairs can my landlord hold me responsible for?
How much can my landlord charge to fix items that I damage in the unit?
Can I withhold rent to force the landlord to make repairs?
My landlord began to make a repair within the legal timeframe, but they have still not fixed the problem after a considerable amount of time. Can I still break my lease even though they started repairs?
I can’t live in my unit because a pipe burst causing a flood. Is my landlord required to put me up in a motel or move me to another unit?
My apartment flooded due to a faulty plumbing and all my belongings were damaged. Is the landlord responsible to pay for the cost?
I can’t live in my unit because the mold is impacting my health. Can I legally break my lease because of this?
What if I follow the repairs procedure and the landlord still isn’t fixing my unit?
Can I ask the landlord to put in better carpeting or refurbish the countertops?
Are there legal standards for how often a landlord has to replace the carpet or repaint the walls?
My landlord says that they don’t have to make repairs in my unit because my rent is so cheap. Is this legal?
I signed a lease stating that I have to make all the repairs in my unit, and that I have to accept the unit  “ as is.” Can my landlord hold me to this?
My toilet clogs regularly. We had to call a plumber out, and my landlord is charging me the cost of the repair, saying that I use too much toilet paper. Is this legal?
I injured myself because the landlord didn’t make repairs on my unit. Can I hold my landlord liable for the costs of my medical bills?

My apartment flooded due to a faulty plumbing and all my belongings were damaged. Is the landlord responsible to pay for the cost? State law does not specifically require this, but tenants have an argument that the landlord can be held liable for property damage. If the tenant has documentation that they had previously communicated with the landlord about the problem and the landlord took no action to fix it, the argument would be stronger. If the tenant has not communicated with the landlord about the problem, then the tenant can argue that the landlord should have known about the problem. Other tenants in the building may have had similar problems and would be willing to testify or provide written statements. Communicating with other tenants is invaluable. This is another reason why it is helpful for tenants to hold on to copies of all of their repair requests. Landlords cannot be held liable for property damage resulting from a repair problem unless they knew or should have known about the problem. It is also a good idea for renters to get renters’ insurance that will cover the cost of any property damages.

Legal questions about landlord liability when one tenant harasses another | Joseph William Singer Legal questions about landlord liability when one tenant harasses another
Legal questions about landlord liability when one tenant harasses another Legal questions about landlord liability when one tenant harasses another | Joseph William Singer
HOME / PROPERTY LAW DEVELOPMENTS /
Legal questions about landlord liability when one tenant harasses another
Is a landlord liable for breach of the covenant of quiet enjoyment if one tenant harasses another and the landlord does not intervene in some way, either by trying to resolve the dispute or by evicting the harassing tenant? To answer this question we must distinguish two types of legal claims. In the first type of claim, the victim of the harassment claims “constructive eviction” and asks to be relieved of her rental obligations by moving out before the end of the term. In the second type of claim, the tenant sues the landlord for monetary damages for failing to protect her from the other tenant’s actions when the landlord had the legal power to evict the harassing tenant for causing a nuisance or otherwise violating the lease terms by disturbing the quiet enjoyment of the neighbor. Traditionally, the landlord has been held not to be responsible for actions of her tenants. However, the Second Restatement, and some recent cases, provide that the landlord is responsible for tenant harassment when the landlord had the power to evict the harassing tenant and does nothing to protect the victim tenant. Arbern Realty Co. v. Clay Craft Planters Co., Inc., 727 N.Y.S.2d 236, 237 (Sup. Ct. 2001) (landlord’s failure to protect tenant’s access for loading and unloading of trucks and parking from another tenant’s interference was a partial constructive eviction); Restatement (Second) of Property (Landlord and Tenant) §6.1 (1977) (landlord may be liable for constructive eviction for failing to prevent a tenant from interfering with the quiet enjoyment of another tenant).

Legal questions about landlord liability when one tenant harasses another | Joseph William Singer

Legal questions about landlord liability when one tenant harasses another
Legal questions about landlord liability when one tenant harasses another

Landlord's Legal Duty Regarding Asbestos in Apartment | AllLaw Landlord's Responsibility For Removing Asbestos from an Apartment
Landlord's Responsibility For Removing Asbestos from an Apartment
Landlords might be legally obligated to remove asbestos from rental properties in certain situations.
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 However, this doesn't mean that state law won't hold landlords responsible for asbestos-related injuries. Aside from the fact that landlords must comply with OSHA's rules (which in effect require all landlords of pre-1981 buildings to take at least minimal protective measures), landlords have a duty under most states' laws to provide tenants with livable rentals. This duty—also known as the implied warranty of habitability —exists even when it's not explicitly mentioned in a lease or rental agreement. Under the implied warranty of habitability, every tenant has a right to live in a rental that meets basic health and safety standards. A tenant could argue that because asbestos poses such serious health risks, its presence is a breach of the implied warranty of habitability—especially when signs of deferred maintenance or serious wear and tear indicate that asbestos fibers could be airborne. When a landlord fails to provide a habitable residence, the law might allow tenants to break their lease, move out without notice, withhold rent, and sue the landlord for damages. ( Before taking action, though, tenants should consider contacting a local landlord-tenant attorney about what self-help measures are allowed under their state and local laws.) When landlords disclose the presence of asbestos, tenants can still choose to live in the rental. Because the danger has been disclosed, though, they usually cannot sue the landlord later if the asbestos has not been removed—unless the landlord promises to remove the asbestos and then fails to do so. Landlord Liability for Tenants' Asbestos-Related Injuries
Landlords can be held liable for tenant injuries in certain situations.

Landlord's Responsibility For Removing Asbestos from an Apartment
Landlord's Responsibility For Removing Asbestos from an Apartment
Landlords might be legally obligated to remove asbestos from rental properties in certain situations.
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Federal Regulation of Asbestos
State Regulation of Asbestos
Landlord Liability for Tenants' Asbestos-Related Injuries

However, this doesn't mean that state law won't hold landlords responsible for asbestos-related injuries. Aside from the fact that landlords must comply with OSHA's rules (which in effect require all landlords of pre-1981 buildings to take at least minimal protective measures), landlords have a duty under most states' laws to provide tenants with livable rentals. This duty—also known as the implied warranty of habitability —exists even when it's not explicitly mentioned in a lease or rental agreement. Under the implied warranty of habitability, every tenant has a right to live in a rental that meets basic health and safety standards. A tenant could argue that because asbestos poses such serious health risks, its presence is a breach of the implied warranty of habitability—especially when signs of deferred maintenance or serious wear and tear indicate that asbestos fibers could be airborne. When a landlord fails to provide a habitable residence, the law might allow tenants to break their lease, move out without notice, withhold rent, and sue the landlord for damages. ( Before taking action, though, tenants should consider contacting a local landlord-tenant attorney about what self-help measures are allowed under their state and local laws.) When landlords disclose the presence of asbestos, tenants can still choose to live in the rental. Because the danger has been disclosed, though, they usually cannot sue the landlord later if the asbestos has not been removed—unless the landlord promises to remove the asbestos and then fails to do so. Landlord Liability for Tenants' Asbestos-Related Injuries
Landlords can be held liable for tenant injuries in certain situations.

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 Won't Make Necessary Repairs
If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs. In these cases, you might decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you might need some coaching on how to do it right. Consulting a lawyer might be your best move. In addition, a lawyer can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and sue your landlord, if needed. 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.

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 Won't Make Necessary Repairs
If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs. In these cases, you might decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you might need some coaching on how to do it right. Consulting a lawyer might be your best move. In addition, a lawyer can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and sue your landlord, if needed. 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.

Landlords & Tenants | Nolo Landlords & Tenants
Landlords & Tenants
CDC Eviction Ban Declaration
State Landlord-Tenant Laws
Finding Free Legal Aid and Pro Bono Representation
Security Deposits
Rental Applications & Tenant Screening
Rental Repairs & Maintenance
State Landlord-Tenant Laws
Landlord Liability
Housing Discrimination Laws
Landlord's Right to Enter
More About This Topic
More Legal Topics
 How to Screen and Select Tenants FAQ
Check tenants' credit and avoid legal trouble over discrimination. More See all Rental Applications & Tenant Screening Topics
See More Rental Applications & Tenant Screening Articles
Rental Repairs & Maintenance
More
Rental Repairs & Maintenance
Rental Repairs & Maintenance
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Repairs, Maintenance, and Entry to Rented Premises
Landlords' duties to repair rental property and to give tenants notice before entering. Mold in Rentals: Landlord Liability, Responsibility, and Prevention
Learn about mold in rental units: Your landlord's liability for mold problems, how to get rid of mold, and how to prevent mold in the first place. More See all Rental Repairs & Maintenance Topics
See More Rental Repairs & Maintenance Articles
State Landlord-Tenant Laws
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State Landlord-Tenant Laws
State Landlord-Tenant Laws
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Landlord-Tenant Statutes, State-by-State
This is the chart you need if you're trying to find your state's landlord-tenant laws. State Laws on Landlord's Access to Rental Property
State rules on when and how landlords may enter tenant rental units. State Laws on Unconditional Quit Terminations
State rules on when a landlord can order a tenant to move out on short notice. More See all State Landlord-Tenant Laws Topics
See More State Landlord-Tenant Laws Articles
Landlord Liability
More
Landlord Liability
Landlord Liability
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Criminal Acts and Activities: Landlord Liability FAQ
Landlords have some degree of legal responsibility to protect their tenants from assailants, thieves, and fellow tenants.

Landlords & Tenants | Nolo

Landlords & Tenants
Landlords & Tenants
CDC Eviction Ban Declaration
State Landlord-Tenant Laws
Finding Free Legal Aid and Pro Bono Representation
Security Deposits
Rental Applications & Tenant Screening
Rental Repairs & Maintenance
State Landlord-Tenant Laws
Landlord Liability
Housing Discrimination Laws
Landlord's Right to Enter
More About This Topic
More Legal Topics

How to Screen and Select Tenants FAQ
Check tenants' credit and avoid legal trouble over discrimination. More See all Rental Applications & Tenant Screening Topics
See More Rental Applications & Tenant Screening Articles
Rental Repairs & Maintenance
More
Rental Repairs & Maintenance
Rental Repairs & Maintenance
arrow_drop_down arrow_right
Repairs, Maintenance, and Entry to Rented Premises
Landlords' duties to repair rental property and to give tenants notice before entering. Mold in Rentals: Landlord Liability, Responsibility, and Prevention
Learn about mold in rental units: Your landlord's liability for mold problems, how to get rid of mold, and how to prevent mold in the first place. More See all Rental Repairs & Maintenance Topics
See More Rental Repairs & Maintenance Articles
State Landlord-Tenant Laws
More
State Landlord-Tenant Laws
State Landlord-Tenant Laws
arrow_drop_down arrow_right
Landlord-Tenant Statutes, State-by-State
This is the chart you need if you're trying to find your state's landlord-tenant laws. State Laws on Landlord's Access to Rental Property
State rules on when and how landlords may enter tenant rental units. State Laws on Unconditional Quit Terminations
State rules on when a landlord can order a tenant to move out on short notice. More See all State Landlord-Tenant Laws Topics
See More State Landlord-Tenant Laws Articles
Landlord Liability
More
Landlord Liability
Landlord Liability
arrow_drop_down arrow_right
Criminal Acts and Activities: Landlord Liability FAQ
Landlords have some degree of legal responsibility to protect their tenants from assailants, thieves, and fellow tenants.

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.

Reasons You Can Sue Your Landlord Reasons You Can Sue Your Landlord
Reasons You Can Sue Your Landlord
10 Times to Take Legal Action
Benefits of Suing Your Landlord
Risks of Suing Your Landlord
Is Suing the Best Option?
Send a Demand Letter First
State Rules Differ
Where Do You Sue a Landlord?
When to Sue a Landlord
10 Reasons You Can Sue Your Landlord
Article Sources
 Landlords are required to disclose any known, existing or previous lead paint hazards or mold issues at the property. 9  It is illegal for a landlord to purposefully hide this information from you, especially because it is an issue that could cause long-term health problems. Entering a Tenant’s Property Illegally: Landlords usually have to provide reasonable notice to enter a tenant’s rental property and they can only do so for legally allowed reasons. 10  If a landlord violates these laws, the tenant can go to court to stop the landlord from entering and could be awarded damages. Injury at Rental Property: You could have a case for a lawsuit against your landlord if you are injured at the rental property due to a landlord’s neglect. For example, you slip and fall because there is not a lawfully required banister in the stairwell. You cannot sue the landlo

Reasons You Can Sue Your Landlord

Reasons You Can Sue Your Landlord
Reasons You Can Sue Your Landlord
10 Times to Take Legal Action
Benefits of Suing Your Landlord
Risks of Suing Your Landlord
Is Suing the Best Option?
Send a Demand Letter First
State Rules Differ
Where Do You Sue a Landlord?
When to Sue a Landlord
10 Reasons You Can Sue Your Landlord
Article Sources

Landlords are required to disclose any known, existing or previous lead paint hazards or mold issues at the property. 9  It is illegal for a landlord to purposefully hide this information from you, especially because it is an issue that could cause long-term health problems. Entering a Tenant’s Property Illegally: Landlords usually have to provide reasonable notice to enter a tenant’s rental property and they can only do so for legally allowed reasons. 10  If a landlord violates these laws, the tenant can go to court to stop the landlord from entering and could be awarded damages. Injury at Rental Property: You could have a case for a lawsuit against your landlord if you are injured at the rental property due to a landlord’s neglect. For example, you slip and fall because there is not a lawfully required banister in the stairwell. You cannot sue the landlo

What Is Personal Liability Coverage for Renters? - ValuePenguin What Is Personal Liability Coverage for Renters?
What Is Personal Liability Coverage for Renters?
When is liability insurance needed?
What does personal liability insurance cover?
When does personal liability coverage not protect you?
How much liability coverage do I need?
 Unfortunately, lawsuits often find the owner of the pool at fault. Courts often judge that children can't appreciate the boundaries of private property or understand the danger of using an unsupervised pool. If you own a pool, consider adding a fence around your yard or a locking gate to keep out uninvited people. Falling trees If you're renting a single-family home and failed to maintain the property, a downed tree could lead to a lawsuit if it hurts someone or falls onto your neighbor's property. You should notify the landlord when you think a tree is rotting or poses a fall risk. However, you won't have to worry about this type of liability if you rent in a multiunit complex. Injured workers Workers may file a personal injury claim if they hurt themselves while working on your property due to a foreseeable hazard. Fortunately, your personal liability policy will cover you if a worker decides to sue. For example, you could be liable if a worker twists his ankle on a hole in your yard that you didn't tell him about. Your renters liability coverage also protects you from injuries or damage caused by intoxicated house guests, leaks, fires, and libel and slander.

What Is Personal Liability Coverage for Renters? - ValuePenguin

What Is Personal Liability Coverage for Renters?
What Is Personal Liability Coverage for Renters?
When is liability insurance needed?
What does personal liability insurance cover?
When does personal liability coverage not protect you?
How much liability coverage do I need?

Unfortunately, lawsuits often find the owner of the pool at fault. Courts often judge that children can't appreciate the boundaries of private property or understand the danger of using an unsupervised pool. If you own a pool, consider adding a fence around your yard or a locking gate to keep out uninvited people. Falling trees If you're renting a single-family home and failed to maintain the property, a downed tree could lead to a lawsuit if it hurts someone or falls onto your neighbor's property. You should notify the landlord when you think a tree is rotting or poses a fall risk. However, you won't have to worry about this type of liability if you rent in a multiunit complex. Injured workers Workers may file a personal injury claim if they hurt themselves while working on your property due to a foreseeable hazard. Fortunately, your personal liability policy will cover you if a worker decides to sue. For example, you could be liable if a worker twists his ankle on a hole in your yard that you didn't tell him about. Your renters liability coverage also protects you from injuries or damage caused by intoxicated house guests, leaks, fires, and libel and slander.

When Is a Landlord Guilty of Negligence? | Home Guides | SF Gate When Is a Landlord Guilty of Negligence?
When Is a Landlord Guilty of Negligence?
Timeline for Repairs
Negligent Landlords
Get the Best Mortgage Rate for You
Causes of Action
Negligence and Liability
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Causes of Action
Tenants can have several causes of action against landlords who neglect the rental property and put theire health and safety at risk as a result. Some causes of action are a breach of the warranty of habitability, which means one or more of the specific habitability requirements as outlined in California Civil Code 1941.1 are not in place. Examples include no hot and cold running water, poorly constructed or repaired stairs, broken toilets or broken locks. Another cause of action is negligent or intentional infliction of emotional distress, which depends on the duration and severity of the condition. An example of this is the stress and pain suffered from the effects of an apartment fire where the landlord did not repair faulty smoke detectors after several requests. Negligence and Liability
The landlord can be held liable for injuries, loss of property, emotional anguish and even the cost of the tenant relocating to another rental property if it can be shown that an action or inaction was negligent. When tenants can show the court that the landlord received several repair requests, had adequate time and means to make the repair and chose not to make corrections, the landlord can be found guilty of negligence.

When Is a Landlord Guilty of Negligence?
When Is a Landlord Guilty of Negligence?
Timeline for Repairs
Negligent Landlords
Get the Best Mortgage Rate for You
Causes of Action
Negligence and Liability

Learn More

No Origination Fees, No Application Fees, Available 24/7
Industry-Leading Rates and Pre-Approval in Under 3 Minutes! Learn More

Source: Mortech® & Brown Bag Marketing, Inc.
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See Full Rates
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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
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SmartAsset.com
Causes of Action
Tenants can have several causes of action against landlords who neglect the rental property and put theire health and safety at risk as a result. Some causes of action are a breach of the warranty of habitability, which means one or more of the specific habitability requirements as outlined in California Civil Code 1941.1 are not in place. Examples include no hot and cold running water, poorly constructed or repaired stairs, broken toilets or broken locks. Another cause of action is negligent or intentional infliction of emotional distress, which depends on the duration and severity of the condition. An example of this is the stress and pain suffered from the effects of an apartment fire where the landlord did not repair faulty smoke detectors after several requests. Negligence and Liability
The landlord can be held liable for injuries, loss of property, emotional anguish and even the cost of the tenant relocating to another rental property if it can be shown that an action or inaction was negligent. When tenants can show the court that the landlord received several repair requests, had adequate time and means to make the repair and chose not to make corrections, the landlord can be found guilty of negligence.

Dealing With Asbestos in Your Rental Property - iPropertyManagement.com Dealing With Asbestos in Your Rental Property
Dealing With Asbestos in Your Rental Property
What is Asbestos?
Federal Regulations on Asbestos
Removing Asbestos
What Tenants Can Do
Injury Liability
Jaleesa  Bustamante
 In this case, the tenant wouldn’t be able to sue the landlord later if the asbestos isn’t removed because they already knew about it. If the landlord promises to remove the asbestos, however, the tenant can definitely sue. Injury Liability
There is also the chance that at tenant is exposed to airborne asbestos when the landlord knows or should have known about it. In this situation, the landlord would be seriously liable for the tenants’ injuries. Asbestos can be extremely dangerous to one’s health, and if your tenant is affected, you may be responsible for some considerable money damages. Jaleesa  Bustamante

Dealing With Asbestos in Your Rental Property - iPropertyManagement.com

Dealing With Asbestos in Your Rental Property
Dealing With Asbestos in Your Rental Property
What is Asbestos?
Federal Regulations on Asbestos
Removing Asbestos
What Tenants Can Do
Injury Liability
Jaleesa  Bustamante

In this case, the tenant wouldn’t be able to sue the landlord later if the asbestos isn’t removed because they already knew about it. If the landlord promises to remove the asbestos, however, the tenant can definitely sue. Injury Liability
There is also the chance that at tenant is exposed to airborne asbestos when the landlord knows or should have known about it. In this situation, the landlord would be seriously liable for the tenants’ injuries. Asbestos can be extremely dangerous to one’s health, and if your tenant is affected, you may be responsible for some considerable money damages. Jaleesa  Bustamante