There was a time when simply providing a clean, comfortable and safe living space was all that was required of landlords. That was before the advent of community pools, common recreational areas, on-site laundry facilities and fitness facilities became the norm at apartment complexes across the country. Now tenants expect a host of extra amenities in addition to their rental unit.
But do all those amenities leave landlords vulnerable to lawsuits and other legal trouble? Should landlords be liable for injuries sustained by tenants or guests while using such amenities? A state appeals court in California has recently narrowed a tenant’s ability to sue landlords for negligence in such instances, thanks to their ruling on a case involving a tenant who fell off a treadmill and injured his shoulder in an apartment complex’s fitness room and sued the landlord for negligence.
According to an article in the San Francisco Chronicle, the Fourth District Court of Appeal in Riverside, CA, said a 1975 California law that prohibits rental agreements that try to excuse the landlord from any legal liability when it comes to personal injuries applies only to “core functions” of the residence and not to amenities like recreation areas.
The law was intended to protect “a tenant’s basic, essential need for shelter” and leaves a landlord free to demand a waiver of liability for “a nonessential matter of personal improvement or enjoyment” like a gym, the court majority said.
It’s good news for landlords in California who want to offer their tenants the best in amenities, but don’t want that generosity and good business sense to come back to haunt them later on.
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