landlord has a cement step that has caved in slighty and my ankle was twisted coming down them resulting in lost time at work and dr. visit. are they responsible since they have not had this problem fixed?
2007-07-18 19:57:54 · 8 answers · asked by pokey 1 in Business & Finance ➔ Renting & Real Estate
In many cases it's usually the landlord's responsibility. You should look up the website for your state's Attorney General's Office to check what the specific landlord-tenant laws are for where you live. Just because a landlord puts something in the contract that you signed doesn't mean it was lawful for them to put it in the contract in the first place.
2007-07-18 20:08:08 · answer #1 · answered by highflyin_af_guy 2 · 0⤊ 1⤋
No. The landlord is the one responsible for the maintaining the property. I did a research and found this: "Landlords have the responsibility to maintain residential rental property and repair any defects or problems. Under most state law, there is an implied warranty of habitability; that is, a landlord not only must deliver residential rental property to the tenant in a habitable condition, but s/he remains responsible for maintaining the property in a habitable condition during the term of the lease.
"Habitability" is typically defined in local housing codes. It is usually defined as the minimum standard for decent, safe, sanitary housing suitable for residential purposes.
Most communities have local housing codes. The codes are local ordinances or laws that require owners of real property, including landlords, to maintain the property and make any necessary repairs. These codes typically require that any residential rental property offered by a landlord must meet the minimum standards established in the code. The landlord's responsibility is not only to deliver the rental property to the tenant in compliance with the housing codes but also to maintain compliance with the housing codes throughout the term that the tenant has use and possession of the rental property.
If you have a complaint, you can notify the landlord and the appropriate housing authority; however, do not threaten to notify the housing authority and not do it in order to get some landlord concession as this could be a form of "extortion". "
2007-07-18 20:20:57 · answer #2 · answered by Secretary 1 · 0⤊ 2⤋
Document the accident, and get copies of medical bills from the doctor's visit. Explain the situation to the landlord. They usually want to avoid a lawsuit. They should have liability insurance covering the property to protect them in situations like this.
Also, if you've ever requested the cement step to be repaired/replaced, be sure to document this if you have to sue.
2007-07-18 20:26:05 · answer #3 · answered by G 2 · 0⤊ 0⤋
I think you're more interested in their responsibility for your ankle than just the step.
For the landlord to be responsible for your injury, you would have to first prove that they were aware of the condition. You said "slightly" so maybe the danger wasn't obvious. Apparently the danger wasn't obvious to you, either.
2007-07-18 22:24:14 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
Hello...
First off it all depends on the contract you have with your landlord. Second, you have to show evidence/proof of this inorder for it to hold up in the court house. Most likely it is not worth your trouble b/c you will have to spend more time missing work and dealing with more expenses such as lawyers to get something done.
It is also your duty as a tenant to inform your landlord of any problems and his duty to fix it immediately...that is what you are paying him for... if in deed he was warned about this and you need to show documented proof you told this information...
When you deal with real estate and landlording...you need to have documentation..it sucks but that is how it goes.
2007-07-18 20:05:28 · answer #5 · answered by Don 2 · 1⤊ 1⤋
Legally, it all depends on how the lease has been written. Most leases would say the landlord is responsible, but it is hard to guess on what you signed.
2007-07-18 20:04:57 · answer #6 · answered by bpl 5 · 0⤊ 0⤋
Yes, they are. That is one of the hazards of renting and being a landlord, especially if you had reported the steps and he knew they were defective.
2007-07-18 23:12:24 · answer #7 · answered by Expert8675309 7 · 0⤊ 0⤋
its part of the permanent structure......
yes he is......bills, missed work, probably not. you seen the problem getting worst, and dont say he had been notified.....giving him a chance to fix the problem........
2007-07-19 02:49:59 · answer #8 · answered by DennistheMenace 7 · 0⤊ 0⤋