Can I Sue My Landlord for an Injury Caused by Poor Upkeep?
The Virginia Residential Landlord and Tenant Act § 55.1-1200 applies to most rental agreements and establishes the rights of tenants and landlords alike. Under this legislation, you may be eligible to sue the proprietor or manager when their negligent upkeep leads to injury.
Landlords have a legal obligation to ensure that rentals are clean, habitable, and safe. This entails a good deal of routine maintenance and keeping a watchful eye for any issues that could pose dangers to tenants.
Rights of tenants in Virginia
Regular inspections of rental apartments, townhomes, and houses are necessary to ensure the electrical, ventilating, plumbing, and heating facilities are in good working order. If there are any common areas that tenants share, these spaces should be kept tidy and free of obvious hazards. This would include stairwells, laundry rooms, lobbies, hallways, mailrooms, gyms, and other on-site communal premises.
By law, the landlord must install and maintain a carbon monoxide alarm and take professional measures to remove any visible mold that has infiltrated the premises.
When you, as a tenant, are hurt because your landlord failed to remedy a dangerous condition that they knew of, or should reasonably have knowledge of, legal recourse is available. The first step in securing the compensation you deserve is discussing your case with an experienced personal injury lawyer.
Do you have a valid case?
Poor upkeep in your rental, in and of itself, is not grounds for legal action. In most situations, you must provide written notice of a property defect or needed repair. If the landlord was notified of the hazard but took no action within a reasonable time frame, or was directly responsible for your harm through negligence, then you may have a strong case for damages.
Contact us at Rutter Mills for a free consultation
Whether you fell on a broken step, or developed illness from mold in your rental unit, the law firm of Rutter Mills is here to help. We can help explain landlord liability as it applies in Virginia and discuss your options for seeking damages for medical bills, lost wages, and other compensation. Call to schedule a free consultation with a personal injury attorney committed to your health and recovery.
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