All You Need To Know About Tenant Injuries

All You Need To Know About Tenant Injuries

All You Need To Know About Tenant Injuries

Keeping a property safe for use and well-maintained so that it doesn't cause any damage to the tenant, visitors or landlord himself is important. Here's what you must know about tenant injuries and how do these impact the landlord.

When is a landlord liable for injuries?

A landlord is liable for the injuries caused to a tenant or a visitor in case:

  • The common areas of the property are not well-maintained or repaired in case of a damage.
  • There are any hidden dangers in the property that could harm the tenant unexpectedly and the landlord has not informed them about it.
  • Negligence towards potential damage-causing areas in the property and not repairing them in time.
  • Areas that were foreseeable of causing a damage to the dwellers.

In all these scenarios, it is the duty of the tenant to show proof of breach in services or responsibilities and that the landlord has not met the basic standard of care and living in the property.  For instance, a tenant is injured in the property due to a broken staircase, chipping off the ceiling or even an ill-maintained flooring, can ask for damages from the landlord. The landlord will be liable for such injuries caused to the tenant.

What is the basic standard of care?

In case of tenant injuries, basic standard of care includes a sense of responsibility towards the property, maintaining it and be cautious about any future damages. Failing to do so and in turn causing tenant an injury, the landlord may get into trouble of being sued and then compensation.

Damages a tenant can ask for

In case the landlord is held responsible and is liable for the injuries caused to the tenant or even a potential tenant who came for a visit, can ask for compensation for the following:

  • Medical expenses
  • Loss of earnings
  • Loss of belongings, if any
  • Physical and mental distress caused

What is not included in tenant injuries?

A rental property that has been damaged due to the force of nature and caused injury to a tenant, a landlord is not liable for compensation. These include loss due to fire, flooding, earthquakes, and burglary. For such occurrences, a landlord must have an insurance for the property.

How to minimise losses caused by property damage?

  • Keep a constant check on the foreseeable damages in the property. In case the changes are inexpensive, repair them as soon as possible.
  • Keep a list of areas that need a constant or time-to-time checkup for repairs and potential damages.
  • Ensure that you follow the timelines for maintenance of the property.
  • Encourage tenants to flag potential damages that they come across in the property.

Also Read: Why Is Debt-To-EBITDA Ratio Important For Self-Employed Borrowers

Last Updated: Tue Dec 04 2018

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