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Landlords have a duty to maintain their rental properties in a livable condition. When the unsafe conditions of a property result in an injury to a tenant, the injured party may be able to sue his or her landlord for damages. In this article, we discuss how to sue a landlord for injuries caused by unsafe conditions in California.
Damages for Unsafe Living Conditions
If a landlord fails to provide residents and guests with a safe living environment, then anyone injured as a result may pursue legal action. When you decide to pursue a legal claim against your landlord, you may be entitled to various forms of damages. Common damages available in these types of cases include:
Back rent and reduction of rent: If you have been paying rent while residing in unsafe conditions, you may be entitled to receive a portion of the rent you paid back. Rent reduction is a form of compensation for the period that you lived in substandard conditions.
Medical costs: If the unsafe conditions of your dwelling resulted in injuries or health issues, then you may claim compensation for hospital bills, treatment costs, medication costs, and future medical care related to your injuries.
Pain and suffering: As a victim of landlord negligence, you may also be entitled to damages for the physical pain and emotional hardship you experienced.
Moving expenses: You may also be entitled to moving expenses if you had to move out of your residence as a result of unsafe conditions.
Punitive damages: Although rare, you may be entitled to punitive damages if your landlord’s actions were particularly egregious. Punitive damages are intended to punish a party and to deter them from behaving in a similar manner in the future.
Steps to Sue for Your Landlord for Unsafe Living Conditions
Below is an overview of the steps to take to sue your landlord for injuries caused by unsafe living conditions.
Document everything: First, you should keep detailed records of the unsafe conditions of your residence. Specifically, you should take photos and videos, record dates of incidents or discoveries, and keep all communications with your landlord regarding these issues.
Report the unsafe living conditions: Before you take legal action, you should report the unsafe conditions to your landlord, allowing them a reasonable amount of time to fix the problems.
Obtain a health and safety inspection: If the unsafe issues continue, you should request an inspection from your local building or health department.
Consider withholding rent or repairing and deducting: Depending on the situation, you may be able to withhold rent or pay for repairs and deduct those costs from your rent. However, you should only do this under the guidance of an experienced personal injury attorney.
File a lawsuit: Finally, if necessary, you should contact an attorney and file a lawsuit against your landlord. With an experienced California attorney on your side, you greatly increase your odds of a successful result.
Contact Our Thousand Oaks Personal Injury Attorney
If you’ve been hurt as a result of your landlord’s negligence, you need an experienced personal injury lawyer in your corner. At Ardalan & Associates, our attorneys are here for you. When you come to us for assistance, we will seek to hold the responsible parties accountable and diligently pursue financial compensation on your behalf. Please contact us today to schedule an initial consultation with an experienced personal injury attorney.
Ardalan & Associates, PLC is a personal injury law firm based in Thousand Oaks, also serving all of Southern California, including Los Angeles, Ventura, Kern, and Orange County. We are committed to helping clients involved in personal injury accidents seek justice and navigate their legal journey.