Renting a house or apartment can be beneficial for many reasons. Tenants can enjoy their space without being responsible for certain repairs and maintenance. However, when the landlord does not abide by their legal obligations renting can become a nightmare. Landlords are responsible for building code violations in and on their property. Our skilled New York landlord liability lawyers have the experience necessary to help you navigate the process of filing a complaint or lawsuit against a negligent landlord. Contact an attorney today to begin discussing your options.
What Are Code Violations?
Every building or structure has regulations that must be followed to ensure the safety and function of the property. These rules are known as building codes. A building code sets the minimum requirements for various aspects of construction and maintenance including plumbing, heating, fire safety, structural integrity, emergency escapes, and more.
A code violation is any disregard of the laws and regulations. When a building fails to meet the standards required by law, the landlord may be guilty of a violation. In some dire circumstances, the building may be deemed uninhabitable. Some examples of code violations include:
- Improper wiring
- Inadequate heating
- Missing smoke or carbon monoxide detectors
- Poor ventilation
- Pest infestations
- Misplaced smoke alarms
- Crumbling ceilings
- Leaks
Any of the above can result in accidents and injuries if not rectified in a timely manner.
Can Landlords Be Held Responsible for a Code Violation?
Yes, your landlord can be held legally responsible for code violations in your apartment or home. Landlords have the legal obligation to maintain the premises in accordance with legal requirements and provide their tenants with a safe and functional environment to live in. Failure to do so will result in various legal consequences. Your landlord can be held responsible for both property damage and injuries sustained from a code violation.
If the building is damaged due to a code violation your landlord must pay to repair the damage. For example, if a plumbing issue causes flooding or water damage, they will be responsible for replacing the flooring, carpet, baseboards, or any property damaged as a result. You can also seek compensation for your personal property that was damaged due to their negligence. If your rugs, furniture, or anything else was ruined you can seek reimbursement from your landlord.
You can also hold your landlord legally liable for any injuries that you sustain due to a code violation. Suppose that your apartment’s smoke detectors were installed wrong. If a fire happens you would not be alerted as soon as if the detectors were operating properly. If you have to go to the hospital to receive treatment for smoke inhalation or burns, you can take legal action against your landlord for your injuries and expenses.
Keep in mind that landlords can also face fines and other legal penalties for failing to address building code violations. Speak to an experienced lawyer today to discuss how you can hold your landlord accountable for various issues.