If you rent, you expect that your landlord will provide a safe place to live in exchange for your monthly rent. Too often, that home does not turn out to be a safe place, and accidents and injuries can occur. If you or a loved one have been injured on a rental property, you may be able to sue your landlord and recover damages for your injuries.

Here, we review a few common questions about landlord liability. If you have additional questions, or would like to discuss your case, our experienced Santa Monica tenant attorneys are available to assess your case and determine the best course of action to take to get you the compensation you deserve.

Is my landlord liable for my injuries?

The short answer is: it depends.

Under California law, a landlord has the duty to maintain the rental property (which includes the apartment unit and any common areas) to be safe and habitable. This means a landlord is responsible for making sure there are no hazards, repairing any damage, and posting warning signs of potential dangers. If a landlord fails to do this, and a tenant is injured, the landlord can be liable for the tenant’s injuries.

Why, then, is the answer, “it depends?” Because a landlord is only liable for injuries caused by their negligence.

Does my landlord have a duty to inspect for dangerous conditions?

Before you move in, your landlord has the duty to ensure your apartment is safe and free from hazardous conditions. If there are any dangerous conditions that the landlord should reasonably have known about, which were not fixed, the landlord could be held liable for any injuries resulting from such failure.

After you have moved into an apartment, it becomes your duty as the tenant to inspect and report any dangerous conditions that arise to the landlord. Once reported, the landlord has a responsibility to repair the condition within a reasonable period after your report. If they do not make the repair, they could be liable for any injuries sustained due to their failure to fix the hazard.

What are examples of dangerous conditions that my landlord can be liable for?

Your landlord can be held liable for injuries caused by dangerous conditions, including, among others:

• Cracked or broken stairs
• Slippery walkways (without proper warning signs)
• Hazardous obstacles left out in common areas
• Weak or rotted floorboards
• Kitchen appliance malfunctions
• Unprotected elevator shafts
• Lack of a fence around a pool
• Mold

Can I recover damages for injuries caused by my landlord?

In many cases, yes. A tenant injured by a dangerous condition on a landlord’s property can sue to recover compensatory damages. These damages are meant to cover losses you sustained from your injuries and can include medical bills, lost wages, and pain and suffering. In some cases, although far less common, a tenant can recover punitive damages, which are meant to punish the landlord for their conduct.

If you have been injured and believe your injury was caused by your landlord’s negligence, contact us today.