BEST PRACTICES FOR MINIMIZING LIABILITY

 

Make repairs to keep property safe and free of safety hazards

The law in Texas provides that in general, a landlord does not have a duty to tenants or their guests for dangerous conditions on the leased premises.  This rule stems from the theory that the landlord relinquished possession of the premises to the tenant.  However, THERE ARE EXCEPTIONS to this rule.  First, a landlord may be liable for injuries caused by a defect on any portion of the premises that remains under the landlord’s control, such as common areas or public stairs.  Second, if the landlord is aware of concealed defects within the leased premises and fails to warn the tenant or make them safe, the landlord may be liable for injuries caused by the concealed defects.  Finally, if the landlord agrees to make repairs, the landlord then owes a duty to exercise ordinary care in making those repairs.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s