Whether you are renting in New Jersey or Pennsylvania, you want to make sure you are not exposed to dangers that could jeopardize your safety. When it comes to the landlord-tenant relationship, are landlords responsible for their tenant’s safety?
In these situations, the concept of premises liability may come into play. However, laws in New Jersey and Pennsylvania define landlords’ responsibility to provide to their tenants.
At Laffey Bucci D’Andrea Reich & Ryan, we know that safety is a top priority for many in the area. Let’s examine the landlords’ responsibility in these cases.
Premises Liability and Landlords
Under the premises liability principles, property owners, including landlords, can be held accountable for accidents and injuries that occur on their property due to negligence. In New Jersey and Pennsylvania, landlords have a duty to keep their rental properties in a safe condition. These areas must be free from hazards that could harm tenants or visitors.
Along with that, landlords owe tenants and visitors a duty of care. They need to conduct regular inspections of their properties, make necessary repairs, and address any safety issues on the property. For example, if a tenant slips and falls due to a broken step the landlord failed to repair, the landlord could be held liable for the tenant’s injuries under premises liability principles.
Both New Jersey and Pennsylvania have specific laws regarding these issues. In New Jersey, landlords must comply with the Implied Warranty of Habitability. According to New Jersey Division of Codes and Standards, rental properties are required to be fit for human habitation. With that, landlords must:
- Maintain the structural integrity of the building
- Ensure that utilities are functioning properly
- Address any conditions that could pose a risk to tenant safety
Like New Jersey, Pennsylvania also follows similar regulations. All landlords in the Commonwealth need to make sure that their properties comply with local building codes and safety regulations. They are required to ensure their tenants are not exposed to any safety issues that could endanger them. The Pennsylvania Landlord and Tenant Act states that landlords are responsible for property maintenance and repair.
Responsibility for Criminal Acts
If a tenant or visitor is injured in a criminal attack on the landlord’s property, are they liable? In most cases, landlords are not automatically responsible for crimes committed by third parties.
However, there could be a situation where a landlord’s negligence in maintaining security measures can lead to liability.
For example, if a landlord fails to provide sufficient security, such as functioning locks or sufficient lighting in common areas, and a tenant is injured due to that lack of security, the landlord may be liable.
Some cases have centered on whether the landlord could have foreseen their actions would injure the tenant. If a landlord knew or should have known about a pattern of criminal activity in the area and failed to take reasonable precautions, they could be held responsible under premises liability law.
Do Tenants Have Any Responsibilities?
While landlords in New Jersey and Pennsylvania are responsible for tenant safety, renters also play a role. Tenants must keep their rental units clean and free from conditions that could create safety hazards. For example, tenants must properly use appliances, avoid blocking exits with clutter, and report any issues that could affect safety to their landlord.
Under some conditions, comparative negligence may come into play if a tenant is injured on the property. In these situations, if the tenant’s own negligence contributed to the injury, their compensation might be reduced. For example, if a tenant fails to report a known hazard, such as a loose handrail, and becomes injured, the compensation recovery could be reduced based on the degree of fault.
Do Lease Agreements Shield Landlords From Liability?
In both Pennsylvania and New Jersey, lease agreements define the responsibilities of both landlords and tenants regarding property maintenance and safety. However, including terms that waive a landlord’s obligation to provide a safe property for visitors and tenants is illegal.
Even if the lease contains language that appears to limit the landlord’s responsibility for certain repairs or safety measures, premises liability principles still require them to maintain a habitable and safe living environment. All tenants have the right to live in a property that is safe and free from hazards, regardless of the specific terms of the lease.
Under premises liability, landlords are accountable for injuries that occur due to their negligence. If you have been injured due to the unsafe conditions at your rental property, you may have a right to pursue a legal case to recover damages. Get in touch with our law firm, Laffey Bucci D’Andrea Reich & Ryan, to discuss your prospective case with a premises liability attorney. All initial consultations are free.