It’s the landlord’s responsibility to keep the property where you’re renting safe and maintained. If this isn’t occurring, it could cause a dispute between you. However, just because you don’t own the property, you do have rights and should enlist the help of a lawyer to help you navigate this stressful situation.
On ContractsCounsel, an online legal network connecting lawyers with clients, you can seek legal guidance from a vetted lawyer who’s experienced in dealing with various real estate conflicts.
Read the rest of this article to explore landlord negligence: common types of it, what to do if your landlord isn’t fulfilling their duties, and the steps to take if you find yourself in this situation. We’ll also look at how a lawyer can help you resolve the issue promptly and legally.
What are the Most Common Examples of Landlord Negligence?
Although landlords might not always meet all your expectations, there are some things that are especially negligent. These include the following:
- Pest infestations. Check that your lease agreement specifies that it’s your landlord’s responsibility to handle pest infestations.
- Mold. This can be a health hazard.
- Lead. Getting exposed to lead can cause you to suffer health problems. Lead exposure red flags include chipped paint.
- Structural problems. Property degradation can be a safety danger, such as leaky roofs or foundation cracks.
- Ignoring your concerns. Another big sign of landlord negligence is if you’ve tried to communicate with them about the negligence but they’ve ignored you or made empty promises.
- Lack of basic utilities. If you don’t have basic services in your home, such as hot water or electricity, this is a sign of negligence.
What are Landlords’ Duties?
Understanding what responsibilities landlords have will help you strengthen your position in a negligence case. Landlords need to ensure that the property they’re renting out is safe and habitable. This entails repairing leaks, ensuring the structure is safe and free of injury risks, and following state and local regulations.
Landlords are responsible for the following:
- Fixing building damage, such as wear and tear.
- Fixing damage caused by weather, such as storms or floods.
- Fixing damage from break ins or theft. If the person caused damage to the property, it’s your landlord’s responsibility to repair them. (However, you might still be responsible for the items that belonged to you.)
How Should You Report Landlord Negligence?
If you’re dealing with landlord negligence, you should take the following steps to report it successfully.
Start by Documenting Everything
Take photos and videos of the damage or concern. If applicable, keep notes or screenshots of how you’ve previously tried to contact your landlord so you have evidence of their negligence.
Send a Written Letter
Instead of speaking to your landlord, which might not always be possible, send them a written letter alerting them of the issues on the property. Be clear and specific about the problem and request a solution for it, such as repairs to rectify the situation.
Check Lease Agreements
It’s worth going back to review your lease agreement as it probably outlined terms for how to navigate repairs, maintenance, and other duties. This will clarify if you or your landlord is meant to take responsibility for the concern.
If your lease agreement is confusing to understand, you should hire a lawyer from ContractsCounsel. They will be able to review and explain all the terms so that you know how to move forward with your concern.
Report the Concern to Authorities
If your landlord doesn’t want to assist you with the problem, file a complaint to your local housing authority. For cases in which the issue is threatening your health, you can contact your city’s health or building department to report it.
Before you take this step, it’s worth giving your landlord a chance to fix the issue. In the letter you send to them, specify when you would like them to resolve the issue. If they don’t respond to you or try to solve the issue with you by the deadline, you have every right to report the issue further.
What are Your Legal Options for Landlord Negligence?
Contacting a lawyer is a smart move when dealing with landlord negligence, as they will help you in various ways:
- They’ll review your lease agreement to explain your, and your landlord’s, rights and duties.
- They’ll communicate with the landlord on your behalf to resolve the issue and negotiate for a favorable settlement.
- They’ll check local and state laws to ensure that you comply with the rules to strengthen your case.
- They’ll represent you in court in the case of litigation.
Here are some things a lawyer will do if you’re dealing with landlord negligence.
Depending on the state laws, they might suggest that you make urgent repairs on the property and deduct the expenses from your rent. Or, you might be able to withhold rent until the tenant addresses the issue.
They can send a demand letter to compel the landlord to address the problems you’ve outlined. This will put pressure on the landlord to respond to you.
Don’t attempt to deal with this issue without the help of a lawyer, as it could risk escalation. The landlord might evict you from the property or take legal action against you, so it’s essential to have a skilled professional to guide you through the process and draft the necessary documents you need.
What Should You Do if You Were Injured on the Property?
If you’ve been injured because of negligence, you should hire a personal injury lawyer. They will help you gain clarity on the situation and understand if the landlord is guilty of negligence or not.
If the lawyer agrees that you have a valid case for a personal injury claim, they will want to see medical records to prove the injury. They can then take legal action on your behalf.
What are You Responsible for as a Tenant?
There are things that you are responsible for on a rental property. It’s essential to know this so that you don’t open a landlord negligence case for something that is actually your duty.
- You are responsible for everything you have brought to the property.
- You are responsible for damaging the property. If your negligence caused an injury or damage that requires repairs, this is your responsibility, not your landlord’s.
Do you need a lawyer for landlord negligence?
If you find yourself dealing with a landlord negligence issue, you should contact a lawyer on ContractsCounsel. They’ll be able to assist you choose the best legal options so you protect your rights and gain compensation for your landlord’s negligence.
