Legal Question in Landlord & Tenant Law in Florida

I have just be asked for my insurance policy. The letter states that the tenant was injured because a bathroom handrail broke and the person fell to the floor. It also states that I was negligent because I did not keep the property in good repair. Before this tenant moved in, I spent quite a bit of money making repairs. The lease agreement also states that I need to be contacted in writing should anything need to be fixed. I nor the rental real estate agent managing the property was contacted as to any repairs being needed. I have two questions: Am I liable for this injury? Am I negligent if I made every attempt to keep the property in good repair?

Asked on 9/04/10, 10:59 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

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The answer depends on the facts of the case and who can prove what.. You may have been negligent if a reasonable landlord, making an inspection of the premises to discover unsafe conditions, would have been able to tell that the hand rail needed repair. Since the handrail broke, it was obviously unsafe, and you may be liable for the injury, unless there are some sort of extenuating circumstances that shifts the responsibility to another party. The fact that you "spent quite a bit of money making repairs" indicates deferred maintenance, and if the handrail needed repair, why didn't you fix this while you were spending quite a bit of money on repairs? The real estate agent is not responsible to inspect the property for defects unless this duty is part of your contract with the management company.

Answered on 9/10/10, 6:37 am

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