Legal Question in Landlord & Tenant Law in California
I live in Los Angeles, CA. On 2/20/09 I was strangled and beaten by another tenant in the hallway of my apartment building. Management was aware of two other complaints about this tenant fighting in the hallways. I know this because someone in the management office told me on the phone the day after my assault and it is also on the police report. I had to do an emergency relocation and was told I had to pay last month's rent on an apartment I could not physically inhabit as a result of my injuries. The landlord also claimed that he could not evict the violent tenant for 3 months, and that he had the option of not evicting him at all. Is this true? Does my landlord/management have liability for this assault and is there any way I can recoup the money I paid them for last month's rent?
2 Answers from Attorneys
Landlords are absolutely liable for attacks on people on their property that they knew or had reason to expect might occur, unless they take all commercially reasonable steps to prevent the attacks. This applies whether it's making sure a the garage is locked and lighted to prevent muggings, to evicting dangerous tenants. Every lease has a provision that permits landlords to evict dangerous tenants, and even without the lease language, there are statutory provisions.
You should retain local counsel and bring an action against the landlord and the manager.
Your landlord can be liable for your injuries caused by another tenant if they knew of his violent propensities. They can and should have evicted him based on the two prior incidents. It could have taken some time but LL Tenant matters move very quickly and they could have had a trial in a little over a month.
You should go see a personal injury attorney who will consult with you for free and charge you a percentage fee. Basically they only charge you if they get you a recovery. You should be able to be compensated for your medical bills, any lost wages and pain and suffering for your injuries. You should also get your money back for that last month�s rent.
If your medical bills and lost wages are over $5,000.00 you may call us as we also have an office in Los Angeles. By the way in most instances you have up to 2 years to file a lawsuit for your injuries. There are certain circumstances where that time may be quite shorter so you should seek an attorney immediately. If you don�t want to call us and don�t know an attorney try calling the Los Angeles County Bar Association Legal Referral Service.
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