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You expect your apartment to be safe. That’s not asking too much. When property owners don’t maintain their buildings properly, tenants get hurt from hazards that shouldn’t exist in the first place. Our friends at The Edelsteins, Faegenburg, & Blyakher LLP regularly handle cases where building owners ignored dangerous conditions. A premises liability lawyer can help injured tenants understand their legal options after an accident.
What Property Owners Must Provide
New York landlords have specific legal obligations to their tenants. These duties apply whether you’re renting a studio or living in a massive complex. Property owners must maintain common areas. Hallways, stairwells, lobbies, outdoor spaces. They’re responsible for fixing broken locks and repairing damaged flooring. Structural issues? Those need to be addressed too. When landlords know about dangerous conditions and ignore them, they can face legal consequences. Building owners also have to follow local housing codes and safety regulations. This means maintaining proper lighting and keeping fire escapes accessible. It includes addressing pest infestations that create health hazards.
Common Building Hazards That Cause Injuries
Tenant injuries often result from conditions landlords should’ve fixed:
- Broken or missing handrails on staircases
- Inadequate lighting in hallways and stairwells
- Defective locks allowing unauthorized building access
- Water leaks, creating slippery floors or mold growth
- Crumbling concrete or uneven walking surfaces
- Poorly maintained elevators
- Exposed electrical wiring
- Falling ceiling tiles or plaster
These hazards don’t appear overnight. Building owners typically have warning signs long before someone gets hurt. Once landlords receive complaints or should reasonably know about problems, they’re expected to act.
Proving a Landlord Knew About the Danger
You’ll need to show the property owner knew or should’ve known about the hazardous condition. This knowledge can be actual or constructive. Actual notice means the landlord was directly informed. Maybe you sent written complaints about a broken stair. Perhaps multiple tenants reported inadequate hallway lighting. These communications create a clear record. Constructive notice means the condition existed long enough that a reasonable property owner should have discovered it through regular inspections. There’s a big difference between a puddle that appeared five minutes before your fall and a leak that’s been dripping for weeks. Documentation matters enormously. Photos of the hazard, repair request emails, and witness statements from other tenants. All of this strengthens your position.
When Landlords Try to Avoid Responsibility
Some property owners attempt to shift blame to tenants. Others claim they weren’t aware of problems. Many argue that a lease agreement limits their liability. New York law doesn’t allow landlords to completely escape responsibility through lease provisions. You can’t sign away your right to a safe living environment. Courts recognize the unequal bargaining power between landlords and tenants. Building owners sometimes claim that tenants caused their own injuries through carelessness. Comparative negligence can affect compensation, sure. But landlords still bear responsibility for maintaining safe premises.
Taking Action After a Building Injury
Get medical treatment first. Your health and safety matter more than anything else. Once you’ve received care, preserving evidence becomes important. Report the incident to your landlord immediately in writing. Take photos of the condition that caused your injury. Get contact information from anyone who witnessed what happened. Keep copies of all medical records and bills. Time limits apply to premises liability claims in New York. The statute of limitations for most personal injury cases is three years from the date of injury. Some situations involve shorter deadlines, though. If you’ve been injured due to your landlord’s negligence, legal guidance can help you understand your rights and options. Property owners need to be held accountable when their failures cause harm to the people living in their buildings.
