if a landlord fails to protect a tenant from injury, is that a breach of contract?

Answer 1

it depends. what type of injury do we talk about? is it house-related? then check the contract if it includes this. if the injury is not house-related and is brought about by house guests or damages made by guests of the tenants, then the landlord is not liable for that.

as a basic rule, each one of us is responsible for his own safety.

Answer 2

I hate to burst some bubbles but, YES, landlords are indeed responsible for the safety of the tenants whether or not it is in the lease (contract). For example, maintaining the building clean, the stairs and all public parts clean and unobstructed, make sure that the building is exterminated periodically, that no intruders can gain entry onto the premises (precedence has been established in many courts on this same issue) and other matters such as providing smoke detectors/alarms and carbon dioxide detectors... that broken floors, stairs, pipes, ceilings, walls (in apartments as well as public parts), etc., get repaired on a timely fashion... etc. He is, likewise, responsible for the building roof, ceilings, sidewalk, etc.

It may surprise many to know, for example, that if the building main entrance is accessible to the public, the landlord CAN be successfully sued if an intruder enters and hurts, rapes, causes injuries, mugs, robs, steals, etc., a tenant or visitor of a tenant.

If you have questions, I suggest that you contact your local government officials and get a list of requirements that the landlord is responsible for; each municipality has its own set of rules and laws differ from State to State.

Do not expect your landlord to tell you! You must go to the source and ask government officials (that's why there are building inspectors that are supposed to drop by unexpectedly several times a year...). Or, look in the Yellow Pages and search for community action groups that can help you find the proper sources. Good luck.

Answer 3

If the contract contains a requirement like that, and the landlord does not abide by the terms of the agreement, that would be a breach of contract. But if it's not in the contract, then no.

Now, some contracts will reference some other set of standards, like a community policies notice, or local county health/safety codes, or whatever, and the parties will agree to comply to those published standards as well. So, it doesn't have to be literally quoted in the contract to count, as long as the reference is proper and complete.

There are other causes of action that might arise from a landlord-tenant situation, the most common being negligence. As opposed to a contract, where the duties of each party are set forth explicitly, negligence involves a breach of the duty of reasonable care (as opposed to breach of a contractual duty). That standard of care may be also defined by law, or as customary in the industry and community. But negligence is generally an unrelated cause of action, independent of any existing contract.

Answer 4

there are an excellent type of elements on the internet concerning renters' rights on your certain state. i understand on the resources I worked at in CA, if a resident became injured on the resources via negiligence of the owner (damaged sidewalk, pot holes, risky structure, etc), this is the resources's coverage which will protect the resident. i trust even the city in which you stay can answer that for you, in case you want community regulations. I appeared on the renters rights for CA, on google search for and were given an excellent type of hits, you in ordinary words ought to make an attempt to examine through, even with the undeniable fact that it really is really functional advice. If push got here to shove, you could continuously search for advice from an section damage criminal professional, they'll understand once you've a case hence benefitting you for the owner's negligence. good success.

Answer 5

There has to be some sort of gross negligence. If the roof was ready to fall in, and he was aware of it and didn't discolse it or fix the problem, and it fell in and hurt you, then you could likely have a case.

If you slip on the ice walking out of the door, he's not responsible.

Answer 6

it is not the landlords responsibility to protect you from danger - only to ensure you are not injured as a result of anything he is responsible for being faulty, or due to his negligence.

Answer 7

If you get injured because the property was not upkept than yes he is liable.

But if someone beats you up than no.

Answer 8

I'll have to agree with the Frog! Hes right on the money on this answer!!

Answer 9

Landlords get away with murder, and your lease is all about what you are required to do, nothing about what they will or wont do!

Answer 10

Ask your lawer.

idearibbon.com