This ruling permanently clarifies the state's landlord-tenant law which states that landlords must provide tenants with a safe premises. There was never anything in the law stating that the landlord could be liable if a guest were injured while at the property. Owners of rental properties have consistently hidden behind the "open and obvious danger" doctrine which states that people are responsible for not putting themselves in situations that could get them hurt.
Most property owners are not going to be affected by this ruling. Actually, this ruling wasn't anything more than a clarification of the existing law. It might add a word or so, but there has always been the opportunity for guests of tenants to seek damages from landlords who have shown negligence in the keeping of their properties. This negligence will still be the requirement for proof against a landlord, but a shot has been put across the bow to make all landlords aware that they cannot create dangerous areas either public or private.
It Is Not The Tenant's Fault
I have been involved in those income producing property evaluations with both good landlords and so-called slum-lords. There really are those owners who spend as little as they can getting the living areas of their investments ready for renters. These same guys are the ones who ignore broken glass in the yard, noxious weeds, broken down sheds and garages, and sagging stairs. Tenants get used to having to "skip" a step or how to maneuver hallways in the dark because the lights are all burnt out, but their guests don't. The first time you visit a place, you do so unawares. The bad step causes you to trip, the dark hallways lead to bumps and bruises, the glass in the yard cuts a foot. The likelihood that something bad happens is only increased by one's being unfamiliar with their surroundings. I am happy with this ruling and hope that it leads to further actions against bad landlords.
There is Help for Landlords !
Most property owners get disillusioned during their first bad tenancy. They purchase a property with every intention of turning it into a profit machine by leasing it to the perfect renter. This mistake in thinking is realized when the dreamy renter reveals themselves to be the tenant from hell. Either through constant complaining, rent and deposit disputes, or through the quiet destruction of the premises topped off with a non-notice move-out, renters-from-hell push the limits of a landlord's sanity. If only there were a way for these first time landlords to get help?
Berkshire Hathaway HomeServices Professional Realty offers a complete package for the investor client. From finding the right property and helping to evaluate the property, to getting the right renter in place and managing the investment, we offer all sorts of help. Contact an agent today
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