How liable is a landlord for structural damage to a home caused by unresolved structural weaknesses?
If a ceiling were to suddenly collapse or a pipe to rise through the floor due to a lack of maintenance, how liable would a landlord be for any damages?
Answers ( 2 )
I am a Real Estate Broker in South Carolina. In SC we follow South Carolina Residential Landlord and Tenant Act.
SECTION 27-40-440. Landlord to maintain premises.
(a) A landlord shall:
(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;
(2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;
(3) keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition;
(4) make available running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;
(5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded.
(b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty must be determined by reference to paragraph (1) of subsection (a).
(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraph (5) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;
(2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section;
(3) the agreement does not diminish or affect the obligations of the landlord to other tenants in the premises.
https://www.scstatehouse.gov/code/t27c040.php
My suggestion to you is to look up The Residential Landlord and tenant Act in your state.
Jack,
I looked up your Biography, your location is Baltimore MD.
Under Maryland office of The Attorney General if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local District Court.
But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the Court.
The serious or dangerous conditions include, but are not limited to:
Lack of heat, light, electricity, or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill (lack of air conditioning is not considered a serious or dangerous situation that would permit rent escrow);
Lack of adequate sewage disposal;
Rodent infestation in two or more units;
Lead-based paint hazards that the landlord has failed to reduce;
The existence of any structural defect that presents a serious threat to your physical safety; and
The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls, or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health, or safety, you must provide actual notice of the defects. You can notify the landlord by certified mail, or they may be notified of the violations from an appropriate government agency, such as the local housing department.
The landlord then has a reasonable amount of time after receiving notice to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action.
Before an escrow account can be established, the Court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. Once the escrow account is established, you must continue to regularly pay rent into this account.
Baltimore City has a rent escrow law that is very similar to state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where a rent escrow law has been adopted, you must follow procedures required under local law for setting up an escrow account.
If you opt to withhold rent without establishing an escrow account, you still must notify the landlord by certified mail of the problems in the unit and of your refusal to pay the rent. However, the landlord could take you to court and try to evict you. You may then defend yourself by telling the Court your reasons for withholding rent. If the Court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved.
Besides rent escrow, what else can a tenant do if a landlord does not make repairs?
A tenant can report the landlord to local authorities. Under a law that the Maryland General Assembly passed in 1986, every county must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City have comprehensive housing and building codes that are enforced by local authorities.
The local authorities will investigate your complaint and, if the landlord is cited for violations, repairs have to be made.
https://www.marylandattorneygeneral.gov/Pages/CPD/landlords.aspx