Can I Be Sued for Negligence of a Former Landlord if I Buy a Rental Property?
Full Question:
Answer:
The answer will depend on the contract terms involved, such as whether the sales contract has you assume liability or indemnify prior owners for claims involving the property. We strongly suggest you contact a local attorney who can review all the facts and documents involved.
When a person fails to fails to uphold a duty of care and that lack of care is the cause of foreseeable harm to another, that person may be found liable for damages due to negligence. Negligence claims require the plaintiff to show the defendant owed a duty of care, that duty was not upheld, and that failure of care caused a foreseeable harm. Therefore, to be sued and held liable as an individual, you would need to be aware of the risk and fail to act to correct it.
A landlord has a duty to provide habitable premises. A tenant may hold the landlord liable for failure to provide essential services, such as heat, water, electricity, etc. A tenant may withhold rent or move out if the premises are uninhabitable. If a judgment is obtained and fails to be paid, the judgment holder may request a lien be placed on the property. If a lien is obtained due to an unpaid judgment, a new owner in an as is sale takes the property subject to existing liens.
Please see the following CA statutes:
1941.1 Civ.
A dwelling shall be deemed untenantable for purposes of Section 1941 if
it substantially lacks any of the following affirmative standard
characteristics or is a residential unit described in Section 17920.3 or
17920.10 of the Health and Safety Code:
(a) Effective waterproofing and weather protection of roof and exterior
walls, including unbroken windows and doors.
(b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working order.
(c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running water,
or a system that is under the control of the landlord, that produces hot
and cold running water, furnished to appropriate fixtures, and connected
to a sewage disposal system approved under applicable law.
(d) Heating facilities that conformed with applicable law at the time
of installation, maintained in good working order.
(e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation, maintained in
good working order.
(f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents, and
vermin.
(g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the receptacles
under his or her control.
(h) Floors, stairways, and railings maintained in good repair.
(i) A locking mail receptacle for each residential unit in a
residential hotel, as required by Section 17958.3 of the Health and
Safety Code. This subdivision shall become operative on July 1, 2008
§ 1942 Civ.
(a) If within a reasonable time after written or oral notice to the
landlord or his agent, as defined in subdivision (a) of Section 1962,
of dilapidations rendering the premises untenantable which the landlord
ought to repair, the landlord neglects to do so, the tenant may repair
the same himself where the cost of such repairs does not require an
expenditure more than one month's rent of the premises and deduct the
expenses of such repairs from the rent when due, or the tenant may vacate
the premises, in which case the tenant shall be discharged from further
payment of rent, or performance of other conditions as of the date
of vacating the premises. This remedy shall not be available to the tenant
more than twice in any 12-month period.
(b) For the purposes of this section, if a tenant acts to repair and
deduct after the 30th day following notice, he is presumed to have acted
after a reasonable time. The presumption established by this
subdivision is a rebuttable presumption affecting the burden of producing evidence
and shall not be construed to prevent a tenant from repairing and
deducting after a shorter notice if all the circumstances require shorter
notice.
(c) The tenant's remedy under subdivision (a) shall not be available if
the condition was caused by the violation of Section 1929 or
1941.2
(d) The remedy provided by this section is in addition to any other
remedy provided by this chapter, the rental agreement, or other
applicable statutory or common law.
§ 1942.4 Civ.
(a) A landlord of a dwelling may not demand rent, collect rent, issue a
notice of a rent increase, or issue a three-day notice to pay rent
or quit pursuant to subdivision (2) of Section 1161 of the
Code of Civil Procedure, if all of the following conditions exist prior to the
landlord's demand or notice:
(1) The dwelling substantially lacks any of the affirmative standard
characteristics listed in Section 1941.1 or violates
Section 17920.10 of the Health and Safety Code, or is deemed
and declared substandard as set forth in
Section 17920.3 of the Health and Safety Code because
conditions listed in that section exist to an extent that endangers the
life, limb, health, property, safety, or welfare of the public or the
occupants of the dwelling.
(2) A public officer or employee who is responsible for the enforcement
of any housing law, after inspecting the premises, has notified the
landlord or the landlord's agent in writing of his or her obligations to
abate the nuisance or repair the substandard conditions.
(3) The conditions have existed and have not been abated 35 days beyond
the date of service of the notice specified in paragraph (2) and the
delay is without good cause. For purposes of this subdivision, service
shall be complete at the time of deposit in the United States mail.
(4) The conditions were not caused by an act or omission of the tenant
or lessee in violation of Section 1929 or 1941.2.
(b)
(1) A landlord who violates this section is liable to the tenant
or lessee for the actual damages sustained by the tenant or lessee and
special damages of not less than one hundred dollars ($100) and not more
than five thousand dollars ($5,000).
(2) The prevailing party shall be entitled to recovery of reasonable
attorney's fees and costs of the suit in an amount fixed by the court.
(c) Any court that awards damages under this section may also order the
landlord to abate any nuisance at the rental dwelling and to repair any
substandard conditions of the rental dwelling, as defined in
Section 1941.1, which significantly or materially affect the health or safety
of the occupants of the rental dwelling and are uncorrected. If the court
orders repairs or corrections, or both, the court's jurisdiction
continues over the matter for the purpose of ensuring compliance.
(d) The tenant or lessee shall be under no obligation to undertake any
other remedy prior to exercising his or her rights under this section.
(e) Any action under this section may be maintained in small claims
court if the claim does not exceed the jurisdictional limit of that
court.
(f) The remedy provided by this section may be utilized in addition to
any other remedy provided by this chapter, the rental agreement, lease,
or other applicable statutory or common law. Nothing in this
section shall require any landlord to comply with this section if he or she
pursues his or her rights pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.