Question : I received a letter from a lawyer stating that my tenant is suing me for an “incident” resulting in serious injury. The complex manager said he believed the tenant had tripped on the side steps in the common area. To my knowledge, nothing happened in the apartment. Am I responsible, even if his injury occurred in the common area?
RWS, Marina Del Rey
A: As a landlord, you must conduct periodic inspections of your rental property when you have the legal right to possession. Additionally, before transferring possession to a tenant, or upon renewing a lease, or after repossessing the premises, the landlord must inspect the property and take reasonable precautions to avoid injury resulting from unsafe conditions that were or reasonably should have been. discovered. This inspection must include common areas under the control of the owner.
A key question therefore arises: is the location of the alleged incident under your control, in whole or in part? Generally, if your condo is part of a homeowners association, what happens in or on the common area is the responsibility of the association, not you or a separate owner. This is found in Civil Code Section 4775(a) and is likely covered in the association’s covenants, conditions, and restrictions.
Ultimately, more facts are needed to be able to determine whether you might have some liability. Have you asked the lawyer who wrote to you on what basis a complaint is being filed against you? Additionally, you should at least consider submitting the claim (or attorney’s notice of claim) to your homeowner’s insurance company.
Question : We found mold in the house we rent. What do you advise us to do?
CL, Los Angeles
A: Mold can be harmful. Inform the owner immediately. If the landlord does not take steps to assess the mold and treat it (which may require some level of remediation), you may need to do so. You can also consider withholding rent on the basis that the rental is now uninhabitable (if that is the case), or you can make good and deduct. Due to concerns that mold could be dangerous to your health and the sensitive nature of the landlord-tenant relationship, it is wise to consult a qualified attorney. I’m not sure if you need to move, as I don’t know the nature or extent of the mold. Careful and informed action is necessary.
Landlord-Tenant Guide
An informative and detailed brochure on the landlord-tenant relationship, which addresses many important issues, is available from the California Department of Real Estate. You can find it online at courts.ca.gov/documents/California-Tenants-Guide.pdf.
Ron Sokol has been practicing law for over 40 years and has also served at various times as an interim judge, mediator and arbitrator. It is important to keep in mind that this column presents a summary of the law and should not be treated or considered as legal advice, much less as a substitute for a true consultation with a qualified professional.
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