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Jessica L | Tenant fell down stairs - am I as a landlord responsible? |
In May 2007, we began renting the upstairs apartment of our newly remodeled duplex to a couple. On their application, they both put "self-employed" and gave us all sorts of verbal details about the work they do. The last payment we received was in July 2007. It is now October and they are three months behind. We have begun the eviction process and they must be out by Oct 29th. In September, the husband fell down the stairs and broke his leg. The stairs do no have hand railing and did not when they moved in. Now, because we have "copped an attitude" by evicting them (HELLO?!!? No payment?!), they have told us to call our insurance because they are suing us for his broken leg. We have maintained the apartment in the same condition, despite their non-payment. In addition, we have been 100% ethical in our eviction process, asking them directly first, then going through the courts.
What should we do in this instance? Do we really have anything to worry about? |
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Landlord
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Continue with the eviction, do not let the two events be connected.
Call your insurance company AFTER they file suit. Saying that they will sue is nto the same thing as doing it.
THe rails are code specific. I personally would have them even if not required, but if they are not required you are completely OK. Other then that he still has to prove he fell down your stairs and it was because their was no railing. |
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Trouble
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First, you need to check your local building codes. If handrails are required by code, you are liable. |
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Spock (rhp)
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you need an attorney/solicitor. local. experienced.
also, report possible claim to insurance company. [they will likely take no action until officially notified of a suit -- and then they will deny coverage -- "hazard" was known to tenant when they agreed to rent the premises.]
and, in future, don't rent to people who don't have verifiable employment or means of payment. |
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curtisports2
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If your local codes require handrails, and you do not have them, it doesn't matter if the tenant took occupancy knowing there weren't any, and you very well can be found liable. Find out what the local codes are, and if handrails are not required, the case against you is much weaker. If the eviction process began prior to the tenant's fall, your position is even stronger, but if you began the eviction after the accident, it won't look good to a jury, if it gets that far.
You should at least be talking with your insurance company about this. If you violated the code, though, they may not cover you, and you should consult an attorney. |
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perfectvelvet
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Agree with the other answerer - if your city and state building codes require a handrail (I have yet to see one which doesn't), you can be held liable for not having the premises up to code. BOCA building codes are followed by my state, and they have specific rules for handrails, size of handrails, length, etc.
You should contact your insurance company; they will put you in touch with a lawyer, and you can give the details that way.
However, if you can prove the husband was doing something improper when he fell (taking two at a time, running, carrying something which obstructed his vision, etc.), the liability could be more of a 50/50 deal; in some states, that restricts him from getting any money in a verdict, while in others, he would be limited to 50% (or whatever his percentage of fault was, 50% or less) of the jury's verdict. If you settle out of court, that does not apply. |
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kitty143cat
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It depends are you legally required to have a railing in the stair way? |
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spadezgurl22
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honestly, i am not a lawyer so i cannot say if u are liable or not, but having no hand rails installed could be a result of negligence esp if he broke his leg. so they might have a case, it would be up to them to prove your negligence. but i do not think the eviction for non payment conincides with this law suit. if anything they look silly trying to prove their case as to why the months leading up they did not pay and such. just proceed with the eviction process, their suing is a seperate matter |
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K&A
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Absolutely consult with an attorney regarding this situation. If it takes you an hour, it will be a few hundred dollars well spent to understand the situation better.
Keep moving forward with the eviction process, because the two issues are unrelated. It seems to me that these people are running out of time and desperate.... they thought by threatening to sue, you would stop eviction.
Think though, if they didn't have enough money to pay rent, or the motivation to find a job to do so, the chances of them having money for an attorney to sue, or the motivation to do so might not be there either.
Consult an attorney just so you know where you stand, and be glad when the non-paying tenants leave! I think that a judge (if it even went that far) might see the "fall" as very coincidental to the impending date of eviction.
Good luck with this, do very careful background checks in the future!!! |
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ebosgramma
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The two really have nothing to do with each other.
Continue the eviction for non payment of rent.
Contact your insurance company just to let them know that this may become a claim, that is what you carry insurance for.
Call the building codes office and find out if handrails are required by law. It will be better to install them now if needed.
Good luck, |
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northville
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sure, they can sue- this would be great if you had prepaid legal and could tell them you have 7000 hours of free lgeal time, bring on the fight, it will cost them an arm AND a leg to fight you. Sorry- couldn't resist. |
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pugs5678
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maybe he could sue evict him first talk with a lawyer they are just bumms trying to scam off of you |
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I_Love_McRedneck
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If you meet safety codes, you should be fine. However, I'm almost positive that not having a railing makes you responsible. |
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newmexicorealestateforms
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Contact your insurance and ask for legal advice chances are that they will tell you not to stop the eviction since that might imply guilt |
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