Landlord Negligence Claims: What to Do and How to Prevent

Landlords have a lot on their plates, which is quite understandable. It may also be true that you, being a full functional landlord, have done your best but have missed something when it comes to your rental activities. When you do make a mistake of missing something for whatever reason, authorities will count it as negligence. This negligence is the exact reason why you and many other landlords face landlord negligence claims and have to bear with countless court proceedings and what not.

Negligence claims only become scary when you happen to be going through one. This is because they occur due to the most stupid of reasons, owing to your negligence. When you look back on all of it, you realize that you could prevent much of the damage. All it probably required was more attention, care and supervision from your side and communication from your tenants’ side. Whatever the case, and whoever you place the blame on, the negligence claims are what you are facing if you do not keep up with your landlording responsibilities and duties. This means that you must, over time, make regular visits to the rental space and see if everything is in order. When something is not in order, be that minor or major, it is therefore up to the landlord, as owner of the property, to fix the damages facilitating the upkeep of the rental space.

This involves any repairs, timely maintenance and any inspection that is required. These laws are different in every state but on average, there are regular checks and inspections that every landlord must do. If your property needs repairs, do them. Do not leave them to build up over time and end up ruining your chances. This will inevitably lead to a negligence claim, which your tenants can make. When you do face a negligence claim, see how much of it is actually due to you. If you solved the issue but did so after a period of time, the court might become a bit lenient considering that you did make a move. If you did not respond at all, then you will have to face the music. Whatever the negligence claim says you have to do, you will do. This may result in paying compensation or doing what you did not do previously and paying a fine for your negligence.

To prevent such issues from taking place, it is better that you as a landlord assumes your responsibility as one. This means that you should do all the repairs and maintenance. Conduct the inspections even if it involves you visiting your rental space every week. The assurance that you conduct your duties will make not only keep a negligence claim out of the way, but will also bring trust in your tenants. They will know that a regular check is in place thus causing them to be attentive and alert. Negligence claims can be a pain, make sure you do not become the victim of one by doing that what you should be doing. The property is after all, yours and you alone are solely responsible for it.
Posted on Nov 26, 2012


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