Landlords have an obligation to provide their tenants with safe premises. If a tenant suffers a personal injury due to the landlord’s negligent or intentional acts related to the property, the landlord may be liable for damages. Here are some facts to know about tenant injuries, rights, and responsibilities in New York.  

What You Should Know About Personal Injury on a Rental Property

Tenants Have a Warranty of Habitability

Under New York law, tenants receive an implied warranty of habitability whether or not their leases state it. The warranty means landlords have a duty to maintain the property so that it is not detrimental, dangerous, or hazardous to the tenants’ life, health, or safety. Public or common areas are included in this protection.

Tenants Have a Responsibility of Notice

Tenants aware of an unsafe condition must notify the landlord as soon as possible. The landlord must have an opportunity to remedy the problem. If the landlord fails to repair or remedy the condition within a reasonable time and the tenant suffers a personal injury, the tenant can sue the landlord for damages based on their breach of duty.

Landlords May Not Be Liable if Tenants Cause Unsafe Conditions

If tenants cause unsafe conditions by damaging their rental units and their injuries arise from that damage, it is not the landlord’s responsibility. Tenants should give their landlords notice of any problems they cause and request repairs. However, the landlord may hold the tenant responsible for the repair cost.

Tenants who are injured on a rental property should consult a personal injury attorney to discuss their options. The team at Neimark & Neimark is dedicated to protecting the rights of people injured due to another’s negligence, including tenants who get hurt on their landlord’s property. You can rely on their 40 years of experience serving injured individuals in New York’s Orange and Rockland counties, fighting effectively for full compensation on their clients’ behalf. Visit the law office’s website for more about asserting your rights as a tenant after an accident. Call (888) 725-7424 at any time to schedule your free consultation.