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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:

John holds four degrees (law, hotel management, literature & computer science, and theater), two decades of technical education, and has twenty years of extensive work experience in the fields of real estate property valuation, mortgage finance, and home sales. John is the founder and Broker-Owner of Coleman Tanner Realty 🏡 in Florida. As a writer, John has been self-publishing books since 2012. His latest nonfiction book, The Entrefluential Broker, is a DIY guide to launching your own real estate brokerage business. John’s forthcoming book, STR Conversions, will inform real estate investors of how to quadruple their rental income via his new “hotel hacking” strategy. He plans on taking his lessons to online and offline speaking stages to share his tactics with investors in the second half of 2022. To discuss speaking engagements and workshops, interested parties can send inquiries to John’s assistant, John Paul, at TELbookings@gmail.com. In addition to writing, John has a love for filmmaking that began while studying theater at Miami-Dade College in 1994. Most recently, he completed the 14-Day Filmmaker Academy by contemporary tv commercial experts, Paul Xavier and Anthony Gallo. 🎥 John plans on overseeing the shooting of in-house “reality tv” videos for his real estate practice, Coleman Tanner Realty. 🎬 John also aspires to executive produce independent films that will be a hybrid of the film noir + murder mystery genre and something new, futuristic, and aesthetically appealing to modern day film enthusiasts (think, anime in real life meets Sherlock Holmes). 🌹John also enjoys romantic comedies and Hallmark dramas (he wrote a romantic novella titled Faithfully, available on Amazon under the pen name of Jack Morgan) - so stay tuned for romance films as well. When he’s not 🖥 online studying film production, AirBnB, real estate, online marketing, or watching movies and his favorite TV shows on Netflix or the tube 📺 for inspiration, 🎼 John also enjoys playing the guitar 🎸 and piano 🎹 in his free time. John is also learning Tai Chi and White Tiger QiGong on the tube, and was a former Judo student while attending FIU.

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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