Is the landlord liable for the damages incurred by a tenant who was injured because of inadequate maintenance of the property?
Many leases contain clauses, called exculpatory clauses, in which the tenant automatically excuses the landlord from any liability for damages from any cause whatsoever. Only about half of the states prohibit such clauses in residential leases.
If the lease does not contain an exculpatory clause or if the state makes such a clause illegal, it will be up to a court to decide whether the injury resulted from some negligent act by the landlord.
Some courts have held that if the tenant's injury resulted from the landlord's violation of the housing code, the landlord is plainly negligent and liable. Other courts have required the tenant to prove negligence. That is, there must be evidence that the landlord knew or should have known of the defective condition before the tenant's injury. Furthermore, the landlord must have failed to make repairs within a reasonable time or in a careful manner.
>>What are the most important lease clauses from the point of view of landlords?
>>What are the most important lease clauses for tenants?
>>Can the landlord enter a tenant’s premises without notice?
>>Does the tenant owe the landlord a late fee if the rent is not paid on the date specified in the lease?
>>Is the landlord liable for the damages incurred by a tenant who was injured because of inadequate maintenance of the property?
>>Can the tenant, with the landlord's consent, operate a business out of the rented premises?
>>Whose improvement is it?
>>What does "right of quiet enjoyment" of the premises mean?
>>So what about noise?
>>Is renting a condo unit different under the law?
>>In a legal dispute between the landlord and the tenant, does the tenant have to pay the landlord's attorney's fees?