Can I Sue My Landlord for Not to Maintaining a Safe Building for Tenants?
How Does Premises Liability Apply to Tenants?
If you’ve ever rented out an apartment, you know that landlords and rental companies can be difficult to communicate with regarding repairs and maintenance. You may not know that you can actually take legal action against your landlord for their failure to maintain a safe living space for you and your roommates.
While low water pressure or water damage on the ceiling may be annoying, these issues are not as serious as faulty elevators, rickety stairways, broken door locks, and or a leak that damages your furniture. Whether or not you can take legal action against your landlord in California depends on whether it’s a major or minor maintenance issue.
California law states that tenants are legally entitled to housing that meets basic structural, health, and safety standards and is in good repair. If your landlord fails to provide adequate living standards for you, such as not repairing your broken air conditioning or leaky roof, then they are in the legal wrong. You can contact a property lawyer in Newport Beach if you think your landlord is neglecting their duty of care.
If your landlord isn’t taking care of crucial maintenance, you can try the following options before reaching out to a Newport Beach property injury lawyer:
- withhold rent
- pay for repairs themselves and deduct the cost from your rent (“repair and deduct”)
- call state or local building health inspectors
- move out without notice
You can also sue them for not making these changes. If you were injured as a result of your landlord not maintaining a safe premises, then you should definitely contact premises liability lawyers in Newport Beach.
Premises Liability Laws in California
Premises liability means that a property owner must take legal responsibility for any hazards on their property, and they should take a reasonable level of care to protect those on their property from these hazards.
Those who are protected by California premises liability law include invitees and licensees, and tenants are considered invitees, meaning that landlords have the highest legal responsibility to protect their tenants.
A Los Angeles premises liability attorney will tell you that maintaining this duty of care involves regularly checking the property for any obvious or hidden safety hazards. The landlord must either quickly repair these issues or post a warning sign stating the potential danger so that residents can take precautions.
Your landlord can be sued if they failed to do this and one of their tenants twists their ankle in a rocky parking lot, suffers a brain injury on a falling ceiling panel, burns themselves on an exposed wire, or loses their electronics to a flooding basement.
Their failure to adhere to reasonable standards of care as a landlord makes them negligent if their failure results in tenant damages or death.
Filing a Lawsuit Against Your Landlord
Your lease may state that your landlord is not liable for property-related injuries or damage to your personal belongings, but this will not stop your injury attorney in Newport Beach. You can still sue them if you can prove that they were negligent. California premises liability law should be on your side.
Proving negligence in a premises liability claim requires that you show two things:
- You were an invitee on the property
- Evidence that your landlord failed to exercise a reasonable level of care
In order to win your lawsuit, you will need to prove to the courts that your landlord breached their duty of care by not preventing an accident, and that your damages are a result of that accident. Newport Beach personal injury attorneys are well-versed in how to provide adequate evidence for your claim.
Any and all photos of the property will be useful in satisfying the burden of proof that is required to show your landlord’s negligence. Take photos of the scene of the accident and the safety hazard that caused it.
Evidence of any correspondence with your landlord regarding the safety hazard prior to the accident is vital to your claim. If you texted them about how the stairs outside your apartment get slick in the rain, then that shows that your landlord was aware that there was a safety hazard on the property. Even if you didn’t text them, they should be doing regular maintenance checks, and the fact the unsafe stairs were overlooked shows that they were negligent.
The short answer is yes – you can sue your landlord for failure to provide adequate and safe housing. Not many California residents are aware that this is an option, and they are mistreated by their landlords as a result. If you were injured at your apartment complex due to an unsafe structure, contact an attorney for premises liability claims in Newport Beach.
About Our Firm
Accident Lawyers Firm is a Newport Beach-based law firm that wins our clients maximum compensation for their personal injury lawsuits. Our attorneys work tirelessly to add up your bodily damages, emotional damages, property damages, and overall pain and suffering that the negligent party should pay for. We also tap into our network of accident and health experts to gather thorough research and evidence to make your case for compensation as strong as possible. Contact us if you were injured in a:
- Car accident
- Motorcycle accident
- Bike accident
- Rideshare accident
- Dog attack
- Construction accident
You don’t need additional stress while you recover from your injuries, so leave the legal battle up to us. With our extensive connections and hard-working lawyers, you can focus on recovering physically, mentally, and emotionally. To set up a free consultation, call us at 949-203-5780 or email us at firstname.lastname@example.org.
If a property owner fails to inspect, examine, and ensure that their property is in reasonably stable condition, then he or she can be held responsible for any injuries caused on the premises. Keep in mind that the property must be in reasonable condition. The victim must also practice their own duty of care and their own negligence should not be the root cause of the accident if they expect to be compensated and represented by an attorney.
Additionally, there are three categories of people who enter a premises, which are invitees, licensees, and trespassers. An invitee is someone who has entered the premises by invitation, such as a friend, neighbor, or relative. As an invitee, the property owner owes a duty of care to him or her. Therefore, the premises must be reasonably safe for the invitee to enter. A licensee is someone who asked permission to enter the premises, such as a salesperson. The property owner owes a certain amount of duty of care to the licensee if the property owner granted him or her access. Lastly, a trespasser is someone who illegally enters the premises and remains on the land without permission. There is no duty of care that applies to the trespasser, unless the trespasser is a child; however, this rule can become complicated. Therefore, you should seek help from our team of premises liability attorneys so you have a better idea based on your particular case.
If you or someone you know is in need of a personal injury attorney Newport Beach, then do not hesitate to reach out to us at any time. Like stated previously, we have a full understanding of these types of cases, so you can trust that we will work diligently and be the team of aggressive attorneys that you need during your time of need. We know that dealing with the aftermath of a premises liability case is extremely stressful and devastating, which is why we take pride in representing accident victims. We offer free consultations and work on a contingency fee basis, which means that you do not have to pay a thing unless we win your case in the end. Contact us today for legal help.