When is a Landlord Liable for Injuries on the Premises?
Landlords in New York are required to take reasonable steps to maintain their property and provide a safe living environment. If they fail to do so, and if you are injured on their premises as a result, you can hold them liable for your injuries and other losses.
Landlord Liability in New York – What You Need to Know
Warranty of Habitability
New York law imposes an implied warranty of habitability on residential landlords. It means that landlords are legally required to provide tenants with a safe, livable, and habitable environment. Their duties include:
Maintaining Common Areas
Landlords are responsible for ensuring that common areas of the rental property such as hallways, stairwells, and entryways are safe and well-maintained.
Repairing Hazards
Landlords have a duty to make necessary repairs to the rental unit. This includes fixing issues like plumbing leaks, electrical problems, broken windows, and structural defects that could pose safety risks.
Removing Snow and Ice
The build-up of snow and ice, particularly on sidewalks and driveways, can pose a threat to the safety of tenants, their guests, and other visitors and lead to falling accidents. Under New York law, landlords are required to clean ice and snow from the sidewalk within four hours if the snow stops falling between 7 am and 4:49 pm.
They are required to clean it within 14 hours if the snow stops falling between 5 pm and 8:59 pm. They are required to clean it by 11 am the next day – if the snow stops falling between 9 pm and 6:59 am.
Remediating Lead-Based Paint Hazards
Landlords in New York City are required to address lead-based paint hazards and comply with lead paint regulations to protect tenants, especially children, from lead exposure.
Complying with Building Codes and Regulations
Landlords are obligated to ensure that their properties comply with local building codes and safety regulations. Failure to meet these standards can result in safety hazards and legal liability.
Responding to Tenant Complaints
If a tenant reports a safety issue or requests repairs, landlords have a duty to respond promptly and address the problem. Ignoring tenant complaints can lead to liability if an injury or accident occurs as a result.
Providing Adequate Security
Landlords may be required to provide adequate security measures in common areas and in the building itself to protect tenants from foreseeable criminal activity.
Liability of Commercial Landlords in New York
Commercial landlords in New York are also required to maintain their property in a reasonably safe condition. At the same time, because people do not live in commercial spaces, commercial landlords are not required to adhere to an implied warranty of hospitality.
If a landlord fails to comply with the terms of their contract with the tenant and if their negligence leads to an accident, they can be held liable for the resulting damages.
Why the Landlord’s Control over the Property Matters
Under New York law, if a landlord is in possession of their property, they can be held liable for any injuries resulting from a defective or dangerous condition. If they have rented out their property and are not in possession of it, they can still be held liable for injuries resulting from defective or dangerous conditions under certain circumstances.
Injured by Your Landlord’s Negligence? Legal Help Is Available from Our Award-Winning New York Premises Liability Lawyers!
If you have been injured as a result of your landlord’s negligence, you might be entitled to compensatory damages. At the Law Offices of Michael S. Lamonsoff, we have highly skilled New York premises liability lawyers who can hold your landlord (and other parties, if any) responsible for their negligence and recover the damages you are owed.
We have more than 150 years of combined legal experience and a proven track record of success in landlord negligence claims. Call us today at 212-962-1020 or contact us online to schedule a free consultation with one of our highly-rated New York premises liability attorneys.