Author Archives: Robert Ross
Landlord Liability for Hazards On Neighboring Property
GENERALLY, PEOPLE HAVE NO DUTY FOR PROPERTY THEY DO NOT OWN OR CONTROL California law does not generally hold landlords, or tenants in possession, liable for injuries occurring on property unless the defendant (landlord or tenant) had the legal right to possession, management, or control. However, where the injury results from a dangerous condition… Read More »
Landlord Liability for Commercial Rentals, Part 2
Earlier this week, we began a discussion about a landlord’s potential liability for hazardous conditions in commercial rentals. In that post, we took a look at the following important factors which impact the landlord’s duty (and also, in many cases, the liability of the tenant in control of the property): 1. The requirement that… Read More »
Landlord Liability for Dangerous Residential Properties & Conditions
As a general rule, Landlords have a duty to maintain rental properties in reasonably safe condition. While not all dangerous or defective conditions are the landlord’s responsibility, the law does recognize a few situations in which the landlord may have special duties. Let’s examine a few: Hazardous Conditions in Residential Common Areas The landlord doesn’t… Read More »
Does a Landlord Have Liability to People Other Than Tenants?
THE OLD LAW: THE INJURED PERSON’S STATUS DETERMINED THE LANDLORD’S LIABILITY It used to be the case that a landlord’s duty–or lack thereof–hinged on the status of the injured party (as well as the nature of the injury). The Landlord’s duty to “Invitees,” meaning people the Landlord “invited” onto his or her property for… Read More »
Can Tenants Waive the Landlord’s Liability for Property Defects?
PROPERTY LAW TREATS COMMERCIAL TENANTS DIFFERENTLY FROM RESIDENTIAL TENANTS For various reasons, California law often treats commercial tenants differently from residential tenants. Generally speaking, commercial tenants can waive the landlord’s liability for many types of property defects and conditions, and even for the landlord’s negligence, as long as the waiver is clear and unambiguous and… Read More »
Are Landlords Liable For Injuries Occurring After Sale of the Rental Premises?
THE GENERAL RULE: TRANSFER OF OWNERSHIP TERMINATES THE FORMER OWNER’S LIABILITY Generally speaking, people who transfer ownership of property are no longer liable for accidents, damage, or dangerous conditions on the property after the date of sale. This applies (for the most part) even to dangerous conditions which existed before or at the time… Read More »
Factors Governing Landlord Liability for Injuries to Tenants
THE LAW DOES NOT IMPOSE “STRICT LIABILITY” ON LANDLORDS “Strict liability” is a legal doctrine holding certain people (or companies) liable for damages caused by defective conditions or products. While many forms of injury are covered by strict liability laws, the law does not impose strict liability on Landlords for all injuries suffered by… Read More »
The Landlord’s Liability to Child Tenants
THE LANDLORD’S STANDARD DUTY: ORDINARY SKILL AND CARE Generally speaking, California landlords have a statutory duty to use “ordinary care or skill” in managing and maintaining rental properties. Normally this means ensuring that rental premises are free of known defects at the start of a new tenancy, and repairing defects and dangerous conditions within a… Read More »
