Should landlords take responsibility for accidents that occur on their property?

Should landlords take responsibility for accidents that occur on their property?

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A home is a primary asset for modern humans, whether owned, borrowed, or rented. However, people’s quality of life inside the enclosure will depend a lot on the conditions in which it is found. Access to basic services such as water, electricity, and, most importantly, their safe installation is vital when selecting where to live.

But beyond the selection, the home’s proper construction and habitability conditions also have a high weight in legal matters. This is because the lack of these criteria can not only affect the daily quality of life of the inhabitants but can also cause illnesses and even accidents ranging from mild to severe.

In fact, it is a common question in contracts between real estate agents or direct owners of the property and the tenants. Who is responsible if the latter suffered an accident inside the rented home? Do landlords have to take responsibility for consequential injuries and damages? The most immediate answer is that it depends. In the following article, we will explain the different cases.

Rights of the tenant in the US

First of all, it is essential to define and explain tenants’ rights in the United States (USA). Within the framework of lease contracts, everyone has the right to live in a home with basic and adequate conditions.

That is a space with adequate walls and flooring, without leaks, healthy walls, properly installed pipes, and proper ventilation. In addition, of course, basic services such as electricity, quality wiring and located in suitable areas, gas for cooking or heating, well-installed ventilation channels, free of harmful odors due to leaks or humidity.

An issue that is rarely talked about is privacy, but it is also contemplated in the law. From the moment the lessee signs and the contract is finalized, the landlord has limited access to the rented property. Although routine inspections can be made to verify that the tenant is complying with the established rules of coexistence, visits must be made with prior notice. There could be an exception if, as we have mentioned, an emergency such as a fire.

When is an accident considered the responsibility of the lessor?

At Kannan Law, we have discussed on several occasions the legal implications of personal injuries from vehicle accidents, but here we will focus on those that occur within a rented home.

Although it seems logical, it must be mentioned: every landlord has the responsibility of keeping the property in optimal conditions for human stay.

With this, it does more than guarantee a decent life or stay for people; their security is also guaranteed, which in turn represents an important support in the event of any eventuality related to the property in which it is affected.

In general terms, if this is not fulfilled when delivering the property, the landlord can be considered responsible for any accident derived from the lack of conditioning of the property.

Some common risky conditions are the lack of handrails on the stairs to access the property or that they are not properly installed. This can generate falls with a wide range of consequences on the physical integrity of the place’s inhabitants. If the tenant is injured in such a situation, the tenant can file a claim with the landlord.

For this reason, before signing the contract and receiving the property, verifying the conditions in which it is delivered is a priority. This is to note any detail that could represent a risk and be able to report it in time for the landlord to proceed with its repair.

Cases in which tenants can claim

That said, it is essential to define the cases in which the lessee can file claims against the lessor to apply the corresponding steps.

In general, a claim can be filed if the rented home has structural failures with a high probability of generating health problems for its inhabitants.

The most common points are the presence of humidity, almost always accompanied by mold growth, mainly on walls. It is well known that humid and fungal environments are linked to the development of respiratory diseases and allergies. Similarly, the lack of heating mechanisms for the winter season or the lack of ventilation to cope with summer and weather conditions is also common.

If this occurs when delivering the property, it is interpreted that the landlord breached the statutes of the law by not providing a property with minimum habitability conditions. It is convenient that, upon noticing these situations, tenants request repairs from the landlord. If they do not proceed and have to assume the expenses of these repairs in the absence of action, the claim proceeds.

Advice to file claims on time

However, making claims when the contract is in force is essential because there are limitations if you decide to do it after the completion date, especially if a long time has passed since the accident.

We know these issues are complex, and tenants often need to be aware of their rights. For these cases, the ideal is to resort to specialists in the subject to know what steps to take. At Kannan Law, we have a team of experts who can advise you. Tell us about your situation.