New York City Attorney to Sue a Rental Landlord for Injuries
While homeownership has long been touted as the “American Dream,” renters far outnumber homeowners in New York City. When renters are injured in their apartment buildings, they are often confused about who is to blame. While they live on the property, they do not own it, and so their landlord might be liable for their injuries.
If you were injured in your apartment building other rental property, you may be able to sue your landlord for your injuries. To be successful, you must prove that your landlord breached their duty to keep the premises safe for residents and visitors. The evidence you need for your case will depend on how your accident and injuries happened.
If you were injured in an accident in your apartment building or other renal property, you can sue your landlord for compensation. Our New York City personal injury attorneys can help you get justice. Call The Carrion Law Firm at (718) 841-0083 for a free initial case review.
Can I Sue My Rental Landlord in New York City?
After an accident in your apartment building or other rented property, you might be able to sue your landlord, depending on the circumstances of the accident. Rental landlords have numerous responsibilities and duties regarding the safety and maintenance of their property. A violation of one of these duties might be grounds for a lawsuit.
Accident victims often hesitate to seek legal advice about suing their landlord because they do not understand exactly where the line is drawn between tenant and landlord responsibilities. Although a tenant is the occupant of a particular property, many duties still fall on the shoulders of landlords. Our New York City attorneys for suing rental landlords can help you understand your rights when your landlord has violated their duty.
Tenants are rarely responsible for accidents in common areas. Places like stairwells, elevators, and lobbies that all tenants use in an apartment building are the responsibilities of landlords. So, if you tripped and fell on rickety, uneven stairs, you may be able to sue your landlord for damages.
You can even sue for some accidents that happen in your private unit. For example, suppose you notice a small leak in your ceiling, so you report it to your landlord for fixing. Next, suppose your landlord fails to repair the leak for several months despite your numerous complaints. Finally, suppose the ceiling collapses on you, causing you serious injuries. Landlords can be held liable for injuries in many types of accidents like this.
Rental Landlords’ Responsibilities in New York City
Landlords have numerous duties and responsibilities regarding their rental properties. Landlords who rent homes and apartments must adhere to the implied warranty of habitability under RPP Law § 235-B. This implied duty means that tenants do not have to agree to it in a lease or contract explicitly. It always exists, no matter what. Our New York City lawyers for suing rental landlords can review your case to check if your landlord can be held civilly liable under this rule or other rules.
Under the implied warranty of habitability in New York, landlords must keep the premises in a condition safe for human habitation. The property must be fit for a tenant’s normal, reasonable, everyday uses. Additionally, the property cannot contain anything hazardous or detrimental to tenants’ life, health, or safety.
Examples of breaches of this implied warranty include but are not limited to the following issues:
- A lack of working smoke detectors
- Bars on windows leading to fire escapes
- Lack of heat
- Inadequate drinking water supply
- Rodent infestations
- Peeling lead paint
- Defective plumbing
What Damages Can I Claim If I Sue My Rental Landlord in New York City?
Your damages are the losses and injuries you suffered because of your apartment building or rental property accident. The damages you can claim will depend on how your accident happened and the extent of your injuries. Many injured tenants assume that their damages are minor and do not warrant legal action. However, these tenants may not know about significant damages they can claim in their case. Our New York City attorneys for suing rental landlords can help you identify all the damages in your case so you can fight to get the most compensation possible.
Accidents in apartment buildings tend to fall under the category of premises liability cases. These cases are based on the idea that property owners – i.e., landlords – owe a legal duty to make their properties safe for others. Common accidents in premises liability cases include the following:
- Slip and falls
- Ceiling cave-ins
- Flooding from defective plumbing
- Elevator accidents
- Illness from lead paint (particularly in children)
Damages may be paid for physical injuries and property damage. Something like a fire, rodent infestation, or flooding could potentially cause significant destruction to your personal property. Even if you are physically unharmed, you can still sue your landlord for damages in some cases.
Can I Be Evicted if I Sue My Rental Landlord in New York City?
Perhaps the biggest concern among premises liability plaintiffs is being evicted by their landlord. The relationship between landlord and tenant is supposed to be a professional one. Unfortunately, when tenants exercise their legal rights, landlords sometimes become petty. If you believe your landlord is trying to evict you as retaliation for filing a lawsuit, talk to our New York City attorneys for suing rental landlords immediately.
Generally, a landlord can only evict you if you fail to pay rent or have otherwise violated the terms of your lease. There is also a law that specifically prohibits retaliation from landlords. Under RPP Law § 223-B, landlords cannot evict tenants for making good-faith complaints. This includes complaints to the landlord, the landlord’s agent, or higher legal authorities. If your landlord retaliates against you for suing, our New York City attorneys for suing rental landlords can help you.
Landlords cannot evict whenever they want. In New York City, tenants have numerous rights against abusive landlords. Typically, a landlord cannot evict you without a court order if you have lived in your apartment for more than 30 days. This means that if you file a lawsuit against your landlord, they cannot turn around and immediately evict you even if you did somehow violate the terms of your lease.
Call Our New York City Attorneys to Sue Your Rental Landlord for Injuries
If you were injured in an accident in your apartment or another rental home, you deserve compensation from the property owner. Our New York City attorneys for suing rental landlords for injuries can help you get compensation. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.