How to Sue My Landlord for Unsafe Living Conditions (2024)

Property leases straddle the line between property law and contract law. The tenant receives a property right in the rental property, although it is usually limited in time and scope. This property right is granted in a rental contract that outlines the legal duties of both the landlord and the tenant.

These legal duties must be met to ensure your housing is safe. If you are dealing with unsafe living conditions, you may wonder whether you can sue your landlord. Here is what you need to know about a landlord’s legal duties to tenants and when a lawsuit may be in order.

A Landlord’s Duties to Tenants

Landlords are obligated to fulfill certain duties by law. For example, most states require rental agreements to include a warranty of habitability. This warranty may be written into the agreement. In many states, the warranty is implied even if it is not explicitly written.

In Maine, the law includes an implied warranty of habitability in all property lease agreements. The warranty of habitability requires the landlord to provide habitable premises.

Additionally, state housing regulations may require landlords to provide housing that meets certain code requirements. For instance, Kentucky requires landlords to comply with housing codes and make any repairs necessary for “fit and habitable conditions.” Thus, a Kentucky landlord cannot rent a property with non-compliant electrical wiring.

Finally, landlords, property owners and property managers can be liable for any injuries that result from their negligence. This negligence can arise from carelessness in maintaining, repairing or inspecting the home.

How to Sue My Landlord for Unsafe Living Conditions Before an Accident

In many states, a landlord breaches the warranty of habitability even if the tenant does not suffer any injury. Simply renting a property that is uninhabitable due to hazards on the property can give the tenant the right to terminate the agreement or sue for damages.

Some examples of unsafe living conditions that might qualify as hazards in a warranty case include the following:

• Mold and mold spores

• Structural defects, like a broken stair railing

• Fire or burn hazards, such as defective electrical wiring

• Non-functioning heating, ventilation or air conditioning units

• Plumbing issues that prevent sanitation or delivery of clean water

• Unfenced swimming pools

If a home is uninhabitable, the tenant can notify the landlord of the problem. If the landlord fails to remedy the issue, the tenant must follow the procedures in the lease to resolve the dispute.

Arbitration

In many cases, landlords and property managers include arbitration clauses to avoid the cost of a trial before an unsympathetic jury. Tenants with arbitration clauses should contact a lawyer to discuss their next steps, particularly since they may have no other place to live until the property is fixed or the lease is terminated.

Lawsuit

If the contract lacks an arbitration clause, the tenant can file a lawsuit. This lawsuit will assert that the landlord has breached the lease agreement. The lawsuit will often seek two remedies. First, the tenant will seek a release from the lease. Without this remedy, the tenant will remain liable for any rent due on the property.

Second, the tenant will likely seek monetary compensation. This compensation often includes:

• Return of any deposit

• Return of any rental payments

• Lost opportunities to find alternate housing

The scope of the warranty of habitability differs from state to state. Some states require truly unlivable conditions. In these states, minor defects might not trigger a breach. Other states place higher obligations on the landlord, and less serious issues might constitute a breach.

How to Sue My Landlord for Unsafe Living Conditions After an Accident

After an accident happens, the tenant might have a case for both a breach of warranty and personal injury. Under the law, a property owner or manager must provide reasonably safe premises to invitees. Tenants typically qualify as invitees on the property.

If the victim suffered an injury due to the negligence of the person or business responsible for the property, they can often pursue a premises liability lawsuit. This is the same rule that allows a customer to sue a restaurant after slipping and falling in a puddle on the property.

In the case of a rental property, the tenant and their premises liability lawyer must prove the property owner or manager knew or should have known of the hazardous condition but failed to remedy it. They may prove this in a few ways, including:

• The tenant told them about the hazard

• The landlord should have found it during a routine pre-rental inspection

• The landlord found similar issues in other units and failed to inspect the unit

Once the tenant proves that the landlord acted negligently, the tenant can seek compensation for economic and non-economic losses.

Compensation Options

Economic losses include any financial costs of the injury, such as:

• Medical expenses

• Past lost income

• Future diminished earnings

Non-economic losses, on the other hand, encompass all the ways your injury reduced the injured victim’s quality of life.

These losses, often referred to as “pain and suffering,” can result from any of the following:

• Physical pain

• Mental anguish and emotional distress

• Disability

• Dismemberment, if the victim lost a body part

• Disfigurement for any scars or visible injuries

The victim proves their losses using financial records, like medical bills, bank statements and wage records. They can also testify about the effects of the injuries on their life and happiness.

Learn More About Tenant Rights from ConsumerShield

Hazardous living conditions can cause both acute and long-term injuries. Fortunately, the law gives tenants rights against landlords. ConsumerShield helps tenants understand these rights and find a lawyer to protect them. Contact us for a free case evaluation today.