Workplace hazards are a concern not only for employers but also for landlords.
Every year, nearly 3 million people die of work-related accidents and deaths. The International Labour Organization (ILO) reports that this is a 5% rise over 2015 figures. Most of these deaths result from work-related diseases caused by the hazards of the workplace.
Property owners are legally required to ensure the security of the areas they rent. However, to maintain a safe atmosphere, renters need to be aware of their rights and obligations.
This blog post explores the legal implications of workplace hazards for landlords.
Landlords' Responsibilities
Landlords are legally required to give their renters a livable place to live. This involves ensuring that no job dangers might jeopardize the renters' health and safety. To ensure that their property conforms with safety rules, landlords frequently have to follow local construction requirements, safety standards, and health restrictions.
For instance, a study by the WHO shows that asbestos exposure is responsible for over 200,000 deaths globally each year. This makes it important for landlords to regularly inspect their properties and take appropriate measures to remove any asbestos-containing materials.
Similarly, landlords are expected to maintain the structural integrity of their property, such as repairing leaky roofs, fixing broken windows, and ensuring proper ventilation.
Tenants' Rights and Responsibilities
Tenants have a right to a safe working space, which includes the responsibility to notify landlords of any hazardous conditions they encounter. Whether it is a leaking pipe, unsafe electrical wiring, or exposure to dangerous chemicals, tenants must communicate any concerns in writing to their landlord.
Let's take the same asbestos example from above. One of the most common questions tenants ask is, "Can I sue for asbestos exposure?" The answer is yes. If a tenant is exposed to asbestos in their rental property and suffers from asbestos-related diseases, they can sue the landlord for negligence. Compensation for medical costs, pain and suffering, and lost pay due to illness can all be sought through legal action.
However, tenants also have a responsibility to follow safety protocols. This includes properly disposing of hazardous waste, reporting issues like gas leaks immediately, and avoiding actions that could contribute to safety hazards.
Legal Risks for Landlords
Failure to maintain a safe environment can expose landlords to legal liabilities. If a tenant suffers from a health condition due to hazardous exposure, the tenant may be able to sue the landlord for negligence. In cases of severe injury or death, the tenant's family can also pursue a wrongful death claim.
Moreover, in case of severe illness or death, the tenant's family can also file a wrongful death claim against the landlord. Thus, it is important for landlords to properly maintain their properties and ensure that there are no hazardous materials present.
The legal consequences for landlords can be severe. Not only could they face civil lawsuits, but they could also be penalized by local government authorities for violating safety codes. In some cases, landlords may face criminal charges if they are aware of the safety risk and do not take appropriate action.
Take the case of Boruch "Barry" Drillman, a New York real estate investor. He faces a $19 million penalty in Ohio for breaking the state's asbestos laws. Additionally, authorities have charged Drillman with failing to resolve significant infractions of the building code. This is just one example of the potential consequences that landlords and others can face if they do not ensure tenant safety.
Insurance Coverage
Landlords can protect themselves from financial risks related to workplace hazards by investing in property insurance and liability coverage. Numerous insurance companies provide specific coverage for environmental risks, including mold, asbestos, and lead paint. If a tenant files a lawsuit as a result of exposure, this insurance may assist in paying for the expense of cleanup and legal bills.
Tenants should also consider renters' insurance to protect themselves from potential hazards. Without coverage, tenants may struggle to cover medical costs or damage repairs if a landlord fails to address issues like mold or water damage. In some circumstances, renters' insurance can help reduce this risk by offering financial assistance.
There are two types of coverage renters can choose from: replacement cost value (RCV) or actual cash value (ACV). The primary difference between the two is the depreciation of the items or assets lost.
In the ACV policy, the insurance agency will consider depreciation and wear and tear while replacing the lost items. However, in RCV policy, the insurance agency will reimburse for the cost of replacing the lost asset without considering depreciation.
Preventing Legal Issues
To avoid legal disputes, landlords must prioritize open communication. Landlords should make sure that any necessary repairs or maintenance are completed on time and conduct routine inspections of their premises for any dangers. For tenants, it's important to report any safety concerns immediately and keep documentation of all communications with the landlord regarding these issues.
In addition to communicating, landlords should ensure that all necessary legal disclosures are made to tenants before they sign the lease. This includes disclosing any known environmental hazards and making sure the property meets all safety regulations.
According to TorHoerman Law, both landlords and renters must be fully aware of their rights and obligations as specified in the lease. Schedules for rent payments, security deposits, and obligations for property upkeep are all included in this.
Both parties can prevent misunderstandings and possible legal problems by fully comprehending these phrases. If any issues do arise, it is important for both parties to document them and try to find a mutually beneficial solution. Eventually, if nothing can be resolved, seeking legal advice may be necessary.
Frequently Asked Questions
What should a tenant do if they discover asbestos in their rental property?
Tenants should immediately notify their landlord in writing about the presence of asbestos. If the landlord fails to address the issue, tenants may contact local health or safety authorities or seek legal counsel. This way, they can explore options for remediation and compensation legally.
Can a landlord be sued if a tenant suffers harm due to workplace hazards?
Yes, landlords can be sued for negligence if a tenant suffers harm from workplace hazards such as asbestos, mold, or lead paint. Tenants can pursue legal action to seek compensation for medical bills, pain, and suffering.
How can landlords protect themselves from legal liabilities related to workplace hazards?
Landlords can protect themselves by regularly inspecting their properties for safety hazards and complying with federal and local safety regulations. They should also maintain proper insurance coverage to address potential claims related to environmental hazards.
Tenants and landlords both have important responsibilities for preserving a secure workplace that reduces health and legal concerns associated with occupational hazards. Landlords are responsible for making sure their premises adhere to safety regulations and for swiftly addressing any issues brought up by renters.
Meanwhile, tenants should stay informed of their rights and communicate any issues with their landlord in writing. Both parties may prevent expensive legal disputes and guarantee a safe and livable working environment by being proactive.
