Landlords of rental properties have an obligation to ensure that rental properties are in a condition that is habitable and safe for tenants. For this, they must comply with certain laws according to the law of the state of California; this is known as the Guarantee of Habitability. If they don’t, they could be considered negligent, especially if their negligence resulted in an injured tenant.
Landlords must also make the necessary repairs as they arise and provide ongoing maintenance to the property. Any carelessness on their part, or their refusal to do so, may be considered negligence in court.
Sometimes, these oversights can cause accidents or dangers for the people who rent, even when the landlord does not mean to cause any harm. However, if a person were injured due to this, they would have the right to file a personal injury claim and obtain compensation for their injuries.
Landlords must ensure that properties are in a safe condition at all times. This includes stairs, hallways, common areas, electrical and plumbing installations, smoke detectors, non-toxic paint, and doors and windows, among others.
In a personal injury lawsuit against a landlord, the court will review the following aspects:
- Monitoring and fixing dangerous conditions. The landlord must be aware that the facilities are in good condition during the entire time that the property is rented. Having to make repairs and thus avoid hazardous conditions.
- Warning to tenants about risks. In the event that there is any risk, or while they are repairing any particular place – such as common areas and stairwells – it is the landlord’s responsibility to inform the tenants and post warning signs until the repairs are complete.
- Easiness and costs involved in making repairs. If something that could have been easily and cheaply repaired caused a tenant to be injured, the landlord would be considered negligent by the court.
If you have been injured at your rental property, contact the law firm of Friedman & Chapman as soon as possible. We’ll help you review