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Can a Landlord Be Held Liable for Tenant Injuries?

It depends. If the injury occurred on leased property and was caused by one of the five following items, the landlord may be liable:

  1. Common areas (hallways, stairs). The landlord has a duty of reasonable care to maintain and repair the common areas. Safety in common areas is also a duty.
  2. Latent (hidden) defects. The landlord has a duty to disclose any hidden defects that he or she should reasonably be aware of. For example, if an apartment door has a defective knob that could harm a tenant and the defect is not readily apparent, then the landlord has a duty to disclose of that defect to the tenant. (Or simply repair it)
  3. Assumption of repairs. If the landlord chooses to self-remedy a broken handrail on a staircase, but does so erroneously, and a tenant subsequently gets injured from the handrail, then the landlord has assumed the liability flowing from his attempted repair.
  4. Public use. If the tenant operates a convenience store and is aware there is a defect on the premises, and also knows the tenant is unlikely to correct the problem, then the landlord has a duty to repair the problem or will be liable for the defect.
  5. Vacation homes or short-term rentals. The landlord is liable for any defects in the dwelling that cause harm to the tenant. (It may be advantageous to use a “terms of acceptance with an indemnification clause for certain activities in the rental contract, and carry a landlord insurance policy).

Source: CriticalPass Property Law MBE Flashcard. http://www.criticalpass.com

Image Source: Pixabay

Disclaimer: This information is not to be construed as legal advice and is provided for educational purposes only. The reader assumes responsibility for the use of this material and information. The author assumes no responsibility or any liability whatsoever on behalf of any reader of this material. If the reader has any questions about the subject matter, he or she should consult with an attorney who practices real estate law and is duly licensed in the jurisdiction where the subject property is located.

Author:

Bio: Entrepreneur | Speaker | Author | Instructor I like to think of myself as a modern day polymer, a "Renaissance Man." It is impossible for me to stick to any one thing when I am fascinated by the riches of the world (and I don't mean money), but I'm not interested in being labeled a "Jack of all trades." I have thoughtfully chosen to focus my energy on a few trades: military service (from ages 17 to 27), performing arts (acting, in both film and theatre, and music), entrepreneurship (real estate sales, mortgage finance, and appraising), education (K thru 12 and online real estate course creation and instruction), law, writing (I have published a few books, from pedagogy to romance, to network marketing (my present work-in-progress), and speaking (so far I have had the privilege of being an alumni guest speaker at two university events. Current Status: I am the Broker-Owner of Coleman Tanner Realty in Florida, as well as the Executive Director and Chief Legal Officer of REX Cinema Productions, both located in Jacksonville, Florida. History: These are some of the titles I have/had in my life journey: Student, Actor, Musician, Drama Club Director, Author, Content Creator, Soldier, Sailor, Sales Associate, Store Manager, Appraiser, Real Estate Broker, Mortgage Broker, Attorney (non-licensed), Teacher, Dept. Chair, Executive Director, CEO, Father, Son, Brother, Cousin, and Nephew. Personality: I am purpose-driven. I love most people (despise some, though I try to mask it and eliminate it from my being.) My favorite color is blue, my favorite number is 3, and my favorite music is smooth jazz. I like cigars, bourbon (Jack Daniels) and scotch (12 year, single malt), wine (mostly red) and craft beer (mostly from Belgium and Germany). I LOVE to travel. Future Aspirations: When I grow up, I'd love to own a yacht so that I can more off the coasts of CinqueTerre, Italy and Marseilles, France, a luxe condo in downtown Miami, and a small Tuscan Villa on the water in Ponte Vedra Beach (or maybe Fernandina Beach, Sea Island, St. Simon's Island, or Jeckyl Island - pretty much somewhere in north Florida so my family and I can enjoy sitting by the fire pit outdoors while enjoying a good glass of wine, baked Brie, Manchego cheese, and prosciutto, and engage in excellent conversations.

One thought on “Can a Landlord Be Held Liable for Tenant Injuries?

  1. As I read your Bio I was amazed! It could be a duplicate of mine….Andrea Bocelli, I have his tapes, and all the rest of your noted musical picks..Amazing! Talk about amazing minds (maybe not go that far). It is great to be able to talk to someone that you can converse with on all levels.Cannot glean any insights into your mind, I don’t know your work. I do read a lot when I have the time.I d, but refuse to read anything that is smutty or a lot of swearing, etc.

    Liked by 1 person

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