Tenant Carelessness or Landlord Negligence?
You deserve a safe and comfortable living environment. If you don't own a house, renting is the primary option.
Sadly, many renters have experienced a landlord who is neglectful of their contractual and moral duties. This could be through improper safety or maintenance which can lead to injury or worse.
If this kind of exploitation is something you have experienced, then it’s important that you take action.
To do this, you’ll need to understand exactly what negligence is in the context of a rental agreement, and you’re going to need evidence for this.
Read the following advice on how to prove negligence if you find yourself injured as a tenant.
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To do this, you’ll need to understand exactly what negligence is in the context of a rental agreement, and you’re going to need evidence for this.
Read the following advice on how to prove negligence if you find yourself injured as a tenant.
Negligent Action & Inaction
There are different actions and inaction which can constitute negligence. In legal terms, negligent conduct results either from comission or omission to act. In this context a landlord may have knowingly neglected their legal and ethical duty to a tenant, in which case they could be subject to legal action. If the landlord has taken necessary precautions, legal standards have changed or they’re unknowingly violating their duties, then this may not be sufficient recourse for action.
See two hypothetical situations below:
- Personal Injury Lawyers
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- John advises his landlord that there’s some faulty and loose electrical wiring in his kitchen. John’s landlord then has his handyman stepbrother conduct repairs of the hazardous wires. The poor workmanship has resulted in metal surfaces in the kitchen becoming electrified. When John touches his oven, he gets a severe electric shock as a result. In this instance, John’s landlord is liable for damages due to the fact that they failed to ensure that the works were conducted by a qualified professional.
- During a period of prolonged heavy rain, Jenny’s house begins to leak water. As a result, a puddle accumulates on the kitchen floor. When Jenny walks into the kitchen she slips and sustains serious injuries to her back and her leg. The leakage had never happened before and there was nothing to indicate that the guttering couldn’t cope with such large volumes of water. As a result, the landlord may not be liable for damages. Though they may be liable to fix the building against future water damage.
As you can see, there are different kinds of negligence that the landlord may or may not be liable for. If you would like to know more about damage liability for landlords, you can read more about the landlord responsibility here.
What Issues Could Be Considered Negligence?
Negligence on part of the landlord isn’t always immediately obvious as there are things that need to be considered to call it negligence.
An expectation to provide a safe and liveable rental property that lacks the precision required in most legal settings.
Listed below are some more common situations where tenants prove negligence.
- Dangerous Living Conditions These can be all manner of physical fixtures within a property including broken stairs, ripped carpet, dangerous driveways, broken railings, dilapidated balconies, loose floorboards, and many more. If improper upkeep poses a risk of injury, or if an injury is sustained as a result, then the landlord could be responsible for negligence.
- Property Repairs Any danger that results in, or brings the risk of injury is the responsibility of the landlord to fix. Household appliances don’t need exclusive repairs for the sake of safety, it can also be due to their functionality. This could include non-functioning power sockets, a broken oven, broken lights, heaters, air conditioners, and anything else necessary for the comfort and liveability of your home. Landlords are expected to fix repairs in a reasonable amount of time, and if the injury is sustained between being informed and the repairs, they could be liable for damages.
- Health Issues Health problems that were caused by exposure to mold, chemicals, and dampness that may affect lung health and can be especially aggravating for respiratory sufferers. Symptoms can include persistent sneezing or wheezing, rashes, neurological issues, poisoning, or even developmental issues in children.
- Fire For many, fire is our worst nightmare and preventive measures are the responsibility of the landlord. Having adequate fire escapes is a must, especially in apartment buildings. The Cal. Health and Safety Code § 13113.7 requires all bedrooms to be fitted with alarms, and new homes must have carbon monoxide detectors that are hard-wired into the electrical system. As fire and smoke inhalation can lead to serious injury or even death.
- Pest Infestation It’s the responsibility of the landlord to eradicate vermin that affect the liveability of your home. They can impact the structural integrity of a home and increase the likelihood of sickness. It’s imperative that the landlord deals with this in a reasonable time frame to avoid injury or adverse health of the tenants, otherwise they may be liable for personal damages.
How to Actually Prove Negligence of the Landlord?
To prove landlord negligence, tenants need to be both smart and organized. The tenant needs to prove that their injuries had been sustained as a result of the landlord’s carelessness and not their own. Sometimes the connection between a landlord’s actions and a tenant’s injury or discomfort isn’t immediately obvious. This is why documentation is key.
One way to prove landlord negligence is by proving that:
- A law related to safety was broken by the landlord
- The purpose of the said law was for the welfare and safety of the tenant
- The injuries sustained were the kind the law intended to prevent
- It was the result of the landlord’s negligence that resulted in these injuries
Things You Should Do to Prove Landlord Negligence
Take Photos, Record Video, and Gather Evidence
Document Evidence Make sure that you take photographic evidence of any faults or dangers from the very first time you notice them. The earlier you have documentation of this the better. Ensure evidence is time-stamped and make sure it’s digitally backed up so you don’t lose it when you need it for proof later.
Contact Your Agency and Landlord
Notify Parties This should be done by email or text message as soon as possible. Calls are ineffective as they’re difficult to make a record of. Clearly outline what dangerous conditions are present in your home and what injuries you could possibly sustain. If you’ve already been injured, provide a detailed account of the injury, doctors’ reports, and photographic evidence if appropriate.
Seek Legal Advice
Legal Representation Most people aren’t legal experts, so this is a necessity to seek guidance and avoid any missteps that work against your favour. Getting reliable legal advice from your lawyer can give you clarity and direction about your legal options. This can result in discussions with your landlord before further escalation.
Take Them to Court
Legal Action If the above actions don’t lead to a fair resolution to the problems, you’re going to have to do this in a courtroom. This means you’re going to sue them for negligence, and all of the evidence you’ve gathered, including details on injuries and dangerous living condition will be presented to a court of law to be ruled upon by impartial observers. If successful, you'll be entitled to damages and compensation from your landlord.
What are Landlord Liabilities?
If your landlord evaded their responsibilities long enough that it was taken to court, this means they could pay your medical bills, fix issues with the home you rent, pay you compensation, and in extreme cases, they could face criminal penalties and even jail time. [1]
Final Takeaways
Your relationship with your landlord is both legal and based on mutual respect. If your landlord fails to uphold their duties and you sustain injuries, then they may be guilty of negligence.
If any of the fact patterns exist which were outlined above: house maintenance, poor air, ignored repairs, fire hazards, and pest infestation - you may have a case for negligence.
Proper documentation and legal advice are essential to prove the negligence of the landlord in the eyes of the law.
Once tried in court, then a successful resolution could see you receive the compensation you deserve.
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