The Rules for Proving Landlord Negligence

Posted on by Max Altizer

Landlord and Tenant ResponsibilitiesProprietors are responsible for the maintenance of rental properties to keep up with standards at both the local and state levels. It’s implied that every rental property is responsible for the safety and health of its tenants; this is known as the warranty of habitability. But, some tenants can abuse this arrangement, prompting authorities to define what proprietors are responsible for.

Establishing Negligence

The simplest way for anyone outside the legal circle to understand a property owner’s liability is by applying the rules of negligence. If a tenant wants to sue their property owner, they need to be able to prove that the latter had ample chances to fulfill their responsibilities and yet failed to do so.

It sounds simple enough on paper, but many people find it incredibly vague once they’re confronted with a situation regarding liability. For example, if a San Diego Property Management Company includes appliances like a refrigerator to its offers, and it breaks spoiling the food inside, is the proprietor liable? Like many questions of law, the answer depends on the circumstances of the case.

If the tenant didn’t give the proprietor enough time to work on the request, the latter is free from any liability. For example, if the refrigerator was broken for several days and the tenant failed to inform the property owner about it before the food spoiled there’s no liability. If the tenant did give inform the proprietor of the broken appliance, but had food that spoiled quickly, the latter’s incur no liability.

Happy Landlords, Happy Tenants

These rules are put in place to protect property owners as much as possible, ensuring that only people who truly don’t care about their tenant’s welfare are dealt with damages by the law. Many people disagree with this rule, questioning the rationale behind the law’s siding with the institution rather than the individual.

This is a shortsighted position considering the positive effects the rationale causes for tenants. If the rules allowed tenants to abuse the system and sue even well meaning landlords, most of them will give up trying to provide good service altogether.

By ensuring that only negligent proprietors receive punishment, will cause the rest of the market will strive to improve their service standards. Better and prompt services from proprietors guarantee a better standard of living for tenants.

About the Author

Max is a Senior Marketing Consultant at a marketing firm in Los Angeles. He authored several articles for some marketing journals.