When Can You Sue Your Landlord in a Premises Liability Claim?

The details of your rental contract and Michigan state laws could determine if you’re able to file a successful premises liability claim. If you have been injured or suffered losses because of the negligence of your landlord, then it may be time for you to consult one of our experienced premises liability lawyers who is familiar with these cases.

What Rental Agreements Have to Do With Premises Liability

You should consider the details of premises liability laid out in your rental agreement. Michigan’s Truth in Renting Act regulates rental agreements between landlords and tenants. According to this act, your landlord must adhere to the following to maintain the property:

LANDLORDS HAVE TO MAINTAIN LIVABLE PROPERTIES

A landlord’s responsibility under Michigan law is to maintain the condition of their tenants’ homes and common areas within reasonable repair during the length of time of the rental agreement. Landlords must also keep the homes and common areas in compliance with health and safety standards.

The landlord and the tenant cannot reduce this obligation unless they sign a lease for a year or longer. The landlord’s obligation to make reasonable repairs depends on the type of repair. Although it is reasonable to require a landlord to fix the heating and cooling system, it may be considered unreasonable to require them to replace peeling wallpaper.

LANDLORDS ARE NOT ABSOLVED FROM LIABILITY

Leases do not absolve a landlord of their legal obligation to follow rental housing codes. In a contract, it is illegal to state that the landlord isn’t responsible for maintaining a habitable property. However, the landlord might be exempt from liability for fires or other natural catastrophes caused by tenants who have insurance.

TENANTS CANNOT BE FORCED TO GIVE UP THEIR LEGAL RIGHTS

Leases cannot include the following restrictions for tenants:

• Force a tenant to admit responsibility for damage that hasn’t happened yet
• Any right associated with removing a tenant from their residence
• Remove their right to a jury or other legal procedures
• Reduce a party’s obligation to mitigate damages
• Pay someone else’s legal fees
• Make someone relinquish their Power of Attorney to the landlord

What About the Tenant’s Responsibility?

Tenants generally have the following responsibilities:

• Ensure the rent is paid on time
• Maintain a safe and hygienic rental property
• Notify the landlord as soon as possible if there is a maintenance issue
• Get rid of any insects that appear if they did not exist when they moved in
• Leave the rental property in good condition, allowing for some reasonable repair

If a tenant’s behavior or lack of action has caused a health or safety issue in their property, the landlord does not have to fix it while the tenant is living there.

Common Causes of Landlord Negligence

Landlords have a legal duty to provide safe living conditions for their tenants. Failure to uphold this responsibility can result in premises liability claims, which hold landlords accountable for injuries caused by their negligence. Some common types of landlord negligence include:

Failure to Make Repairs

• Neglecting to fix broken steps or handrails, increasing the risk of slip and fall accidents.
• Ignoring leaks or plumbing issues, leading to water damage and potential mold growth.
• Delaying repairs to electrical systems, posing a risk of shocks or fires.
• Failing to maintain heating, ventilation, and air conditioning (HVAC) systems, creating unsafe temperature conditions.

Lack of Security

• Lack of proper lighting in common areas, stairwells, and parking lots, making it easier for criminal activity to occur.
• Broken or missing locks on entrance doors, allowing unauthorized access to the premises.
• Absence of security cameras or personnel in high-risk areas.
• Failure to address known security issues or criminal activity on the property.

Hazardous Conditions

• Presence of mold or asbestos, which can cause respiratory issues and other serious health problems.
• Faulty wiring or electrical systems, increasing the risk of fires or electrocution.
• Inadequate fire safety measures, such as missing or outdated smoke detectors or fire extinguishers.
• Uneven or damaged flooring, creating trip-and-fall hazards.

An experienced premises liability lawyer can create a strong case for you as a tenant, proving that your injuries resulted from your landlord’s direct negligence of the property. But it’s critical to your case that you take certain steps immediately after an injury.

Steps to Take After an Injury

After sustaining an injury, it’s crucial to take specific steps to protect your health and legal rights. Immediate action can ensure you receive appropriate medical care and helps build a strong case if you pursue a personal injury claim. Follow these essential steps to safeguard your well-being and document the incident effectively:

• Seek medical attention immediately, even for seemingly minor injuries.
• Report the incident to the landlord or property manager in writing, including details of the accident and any injuries sustained.
• Document the scene by taking photographs or videos of the hazardous condition that caused the injury.
• Gather contact information for any witnesses who may have seen the accident occur.

Evidence Collection is Critical

Collecting and preserving evidence is a crucial step in building a solid premises liability case against a negligent landlord. Here are a few tips for collecting comprehensive evidence:

• Obtain copies of any incident reports or maintenance requests related to the hazardous condition.
• Keep detailed records of all medical treatment, including bills, receipts, and doctor’s notes.
• Collect and preserve any physical evidence, such as torn clothing or broken personal items resulting from the accident that may support your claim.
• If possible, take photographs or videos of the injuries sustained, documenting their severity and progression over time.

A Premises Liability Lawyer Can Build Your Case

If you’ve been injured because of your landlord’s negligence, it’s difficult to understand your legal options without the help of someone familiar with tenant rights. At Fieger Law, we have represented people like you in Michigan and throughout the country who have suffered injuries due to the negligence of others, including that of landlords.

One of our experienced attorneys can assess your case during a consultation. Fill out our online form or contact us today to get started.

Originally published December 27, 2021.