Owners and management of apartment complexes may refuse to spend money on safety precautions that are required by law. This can happen regardless of the neighborhood or price of rent.
When apartment complexes focus on their profits instead of people, people get hurt. We are here to help you achieve justice. When proper security measures are ignored fights, shootings, drive by shootings, robberies, attacks, and other incidents can occur on apartment complex premises.
When landlords violate health and housing codes, they can be found negligent in a lawsuit. Whether you are a tenant or a landlord, learn how neglecting a request for repairs may lead to serious penalties. Landlords must maintain rental properties to state and local standards for habitability. For every rental property, a warranty of habitability is implied, which means that it meets expectations for residency and will not jeopardize the health or safety of tenants.
Repairs must be timely
Landlords must arrange for immediate repairs when a tenant's health or safety is affected. Some examples include a hole in the roof, wall or window; broken water heaters; faulty smoke detectors; bad electrical wiring; rodents or mold. If the repair does not immediately threaten health and safety, the tenant should expect the landlord to make the repair within a reasonable time, generally 30 days. If the landlord will not take care of serious repairs immediately, tenants can file complaints with various local agencies such as the building safety office, the health department or other city or county offices.
Tenants should report all repairs to the landlord in writing, and keep a copy of each request. Documenting every conversation and keeping all written requests can help in the event of a dispute in which the parties must go to court. Depending on the type of problem, the duration of neglect and the severity of its effect on health or safety, tenants can file a lawsuit against their landlords. The law supports tenants who make multiple repair requests to ask that the rental property meets the implied warranty of habitability. Tenants can file a lawsuit in Nevada's small claims court or even Superior Court if the negligence is severe enough. When the landlords refuse to act upon serious repair requests, they are neglecting their responsibilities and endangering the tenants.
Causes of Action
Tenants can have several causes of action against landlords who neglect the rental property and put their health and safety at risk as a result. Some causes of action are a breach of the warranty of habitability, which means one or more of the specific habitability requirements. Examples include no hot and cold running water, poorly constructed or repaired stairs, broken toilets or broken locks. Another cause of action is negligent or intentional infliction of emotional distress, which depends on the duration and severity of the condition. An example of this is the stress and pain suffered from the effects of an apartment fire where the landlord did not repair faulty smoke detectors after several requests.
Negligence and Liability
The landlord can be held liable for injuries, loss of property, emotional anguish and even the cost of the tenant relocating to another rental property if it can be shown that an action or inaction was negligent. When tenants can show the court that the landlord received several repair requests, had adequate time and means to make the repair and chose not to make corrections, the landlord can be found guilty of negligence. A guilty verdict can mean fines, reparations and possibly jail time.
It doesn't matter where you are – you are at risk of falling or tripping. Everyone will fall at some point in their life. If you have been injured in a slip, trip, and fall accident, it's important to remember that the steps you take immediately following the incident are crucial to building the best-possible legal case.
Call us if you have been injured where you live.