What Is a Landlord’s Responsibility When Someone Gets Injured on His Rental Property?
Injuries can happen anywhere. Potential risks abound, from slippery sidewalks to falling tree branches to loose railings. But when injuries occur on a rental property, responsibility gets murky. The landlord’s duty to provide a habitable unit includes keeping the property structurally sound. However, tenants often handle day-to-day responsibilities like yard maintenance or replacing air filters.
So, who’s responsible for on-property injuries? The answer depends on each situation’s specifics, but here are four key factors:
Local laws. State laws and city ordinances often impact a landlord’s liabilities. Be aware of rules governing your rental property before injuries occur to protect yourself, your tenants, and your guests.
Rental agreement. Many leases detail landlord versus tenant responsibilities and assign accountability accordingly. The rental agreement will be a crucial liability determinant if its terms comply with local regulations.
Location. Where the tenant or visitor sustained an injury may also affect a landlord’s liability. While injuries in common areas fall under the landlord’s purview, tenants are typically accountable for in-unit injuries.
Negligence. If a tenant reports an issue but the landlord fails to complete repairs promptly, the landlord will likely be accountable if his failure results in an injury.
When the law holds a landlord liable for an injury on his rental property, damages may include medical bills, lost earnings, and additional charges for pain and suffering. Your property insurance should include some liability coverage, and tenants can mitigate their risk by acquiring renters’ insurance. Of course, the best preventative measure is keeping your rental property as safe as possible. Be responsive when tenants report a problem and perform regular inspections. Don’t delay needed repairs, and make sure tenants carry out any maintenance tasks assigned to them.
If an injury does occur despite your precautions, consult an attorney to help you stay compliant while determining your next steps.
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Rentals America provides full-service property management for residential rental properties. Our team is completely dedicated to property management, and we’re here to help landlords navigate the rental market.
