Could landlord lose shirt over tenant's injury?

Legal Q&A: Could landlord lose shirt over tenant’s injury?

December 4, 2014

Question: My renter was backing downstairs, carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me?

Answer: You would only be liable if you were negligent in the way you maintained the stairs, and your negligence was a proximate cause of the injury. You should notify your insurance carrier as soon as possible.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: Our window was broken by a golf ball hit by the tenant of a neighboring property. They admitted they owed me for a new window but moved away before I could collect on it. Is the owner of the property responsible because it was their tenant?

Answer: The owner of rental property is not normally responsible for the unforeseeable acts of their tenant. In order for the owner to be liable, you would have to prove that the owner knew or should have known his tenant would have caused physical damage to your property and that the owner failed to take reasonable steps to protect your property from harm.

Question: One of our residents admitted to breaking a window in his unit. Our management company wants to make the repair and deduct it from his security deposit. Please give us your opinion if our management company is using proper procedures.

Answer: A resident is liable for damage to the unit caused by any resident or their guests and invitees. The owner/manager, however, can make the repairs and require the resident to reimburse them for the costs of repair. The owner/manager can either deduct the amount from the resident’s security deposit or serve the resident with a three-day notice to pay for the repair. If the resident fails to do so within three days, the eviction process may begin.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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