Practice Area

Negligent Landlords and Property Damage

When your property is damaged or you are injured due to landlord negligence, we work aggressively to recover the compensation you are owed.

Negligent Landlords and Property Damage Claims

When a landlord fails to maintain a rental property, the results can range from serious physical injuries to significant property losses. California law holds landlords to a duty of reasonable care for the property they own and control. When that duty is ignored, tenants and others injured or harmed on the property may have legal recourse.

Common Forms of Landlord Negligence

Landlord negligence can take many forms. Common examples include allowing structural hazards such as broken stairs or defective railings to go unrepaired, failing to maintain plumbing and water systems, ignoring known mold or pest infestations, and leaving common areas unsafe and poorly lit.

  • Water intrusion, plumbing failures, and mold damage
  • Structural defects and unsafe common areas
  • Pest and rodent infestations affecting habitability
  • Damage caused by neighboring units or deferred maintenance
  • Failure to repair after written notice from the tenant
  • Disputes with insurance carriers over coverage and valuation

Pursuing a Negligent Landlord Claim

A successful claim requires showing the landlord knew or should have known about the hazardous condition, had a reasonable opportunity to correct it, and failed to do so. Detailed documentation, written repair requests, and records of the resulting damage are essential to building a strong case. Baghikian Law works with clients to gather and present that evidence.

Talk to an attorney today. Consultations are free, confidential, and answered within one business day. Call (818) 804-8901 or use the form.

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FAQ

Property Damage and Habitability FAQs

What counts as landlord negligence in California?
A landlord is negligent when they fail to use reasonable care in maintaining property they own or control and that failure causes harm. Common examples include ignoring known leaks, leaving broken stairs or railings unrepaired, failing to address mold or pest infestations after notice, and neglecting unsafe common areas.
Do I have to prove the landlord knew about the problem?
Generally, yes. A claim is strongest when you can show the landlord knew or reasonably should have known about the condition and had a fair opportunity to fix it. Written repair requests, emails, text messages, photos, and code enforcement complaints are the most valuable evidence.
What can I recover in a negligent landlord claim?
Depending on the facts, recovery can include the cost of repairing or replacing damaged property, temporary housing and displacement expenses, rent abatement for the time the unit was unusable, medical costs if you were injured, and other out-of-pocket losses caused by the neglect.
How long do I have to bring a claim against a negligent landlord?
In California, claims for damage to personal property generally must be filed within three years under Code of Civil Procedure section 338, and personal injury claims within two years under section 335.1. Shorter deadlines can apply in some situations, so it is best to speak with an attorney promptly.