If you rent a home, condominium or apartment, you should know exactly what responsibilities your landlord has. Many of these responsibilities are centered around the legal duty the landlord has to keep the property in reasonably safe condition.
Typically, landlords have to maintain common areas of the property. This includes stairwells, hallways and parking lots. It also extends to other non-common areas. These include keeping the electrical system, plumbing system, locks and lighting all in safe and properly working condition.
How should landlords handle hazards?
Landlords should address hazards once they know they’re present. If immediate remedies aren’t possible, they’re expected to act within a reasonable time. They should secure any area that’s not able to be fixed right away. This could mean roping off stairs if the handrail is broken or placing a door out of service if it’s not functioning properly.
What responsibilities do tenants have?
If you’re a tenant and notice a hazard, document it clearly. You can do this with photos and written notes. Include the date and all details that you can about the issue. Provide this information to the landlord in writing. Be sure to keep a copy for your records.
When the landlord doesn’t respond within a reasonable time, you can follow up with another written request. It may be beneficial to check the lease and review the housing codes to determine the specific standards that apply.
It’s sometimes possible to place rent into an escrow account until the landlord completes the necessary repairs. This may encourage the landlord to act in an expeditious manner. The key to doing this is to ensure that you’re following the steps outlined by state law.
Cases involving a landlord failing to correct a known safety hazard can be complex, but they can quickly turn into a premises liability matter if the hazard causes an injury. Working with someone familiar with landlord-tenant matters and premises liability cases may be beneficial for anyone facing this situation.