rental property in safe condition and get it repaired if it is damaged. Here in this write-up we shall discuss about various obligations of the landlord so that the tenant is not injured within the rented premises.
What are the duties of landlord?
If a tenant suffers any kind of injury in the rental premises then the landlord is held responsible for tenant injury due to his negligence. Negligence is a legal term used where any unintentional harm is caused to others and people are made accountable. Therefore, tenant need to prove that landlord has failed in his basic duty which he owed to his tenant.
What is “standard of care”?
This is another legal term for the amount of prudence, attentiveness and caution that any responsible landlord must exercise for his tenant under any circumstance. If the landlord does not meet minimum standard of care and as a result his tenant is injured then the landlord will be considered negligent. Therefore, landlord can be held responsible for the injury.
What is landlord’s standard of care?
Generally, any landlord is supposed to maintain his rented premises in a reasonably safe condition and for that the court would like to know what are the minimum things that any landlord can do under such condition and whether the landlord has fulfilled that.
What will happen if children are injured?
When there are children present in the rented premises then the landlord has to exercise more care than just reasonable amount of care. Since, children cannot appreciate risks and danger involved, the landlord must be more careful and take greater degree of care so that children may not get hurt.
What is negligence?
When there exists a law under which the landlord is responsible for protecting his tenant and if the landlord violates the law then he will be considered negligent. In legal terms it is called negligence per se. In such condition, all that the tenant needs to prove is that the landlord has disobeyed the law as it was meant for protecting the tenant from the type of injury suffered and as a result he is injured.
When landlord is held responsible for injuries?
When the tenant is injured within the property of landlord and whether it is in the rented premises or in any common area, the landlord does not automatically become liable for injury.
Landlord will be considered responsible for injury if he fails to exercise the required care that is necessary to make his rented place safe and he should be able to foresee what can cause injury. If the landlord fails to provide that or fail to foresee that only then the landlord will be responsible. If the tenant is injured because of his own fault or recklessness then the landlord cannot be held responsible for the injury.
If the tenant suffers from any physical injury because of inadequate maintenance of the property or he failed to repair certain defects then the landlord will be responsible. Also, if any criminal enters the premises and attacks the tenant then landlord will be held responsible for not foreseeing such eventuality.