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Old 10-16-2019, 07:28 AM
 
Location: SoCal
4,169 posts, read 2,143,462 times
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Quote:
Originally Posted by quiet life View Post
I can only echo everyone's comments. I am going to play devil's advocate on this one. What if one of the treads is broken on the stairs? Let's say half the tread is broken. OP complains about this tread being broken but falls on deaf ears. Would the LL be liable if an accident happened? Leg injury, etc.

If it's not cosmetic damage, meaning it's not just appearance that treads is broken and someone falls as result after landlord is given reasonable amount of time to fix it, then yes it could be consider gross negligent on the landlord part for not fixing it.
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Old 10-16-2019, 07:58 AM
 
12,016 posts, read 12,764,116 times
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Quote:
Originally Posted by witsendman View Post
I am feeling lucky tonight.

About half an hour ago, I fell down the last two stairs of my senior apartment while carrying laundry.

The light at the top of the stairs is flickering and about to burn out, but I am not sure how much that would improve lighting since the light next to the stairs is working, but it might be slightly darker now at the bottom where I fell.

This apartment has no elevators. It is all outdoors.

I just got some scrapes and bruises, but I am wondering what happens if someone breaks a bone and cannot go up the stairs to their apartment.

Are landlords legally obligated to provide a downstairs apartment if and when available?.

If none are available, are tenants entitled to no rent payment if they must find alternate living until they can get up the stairs again?
As long as there are handrails and there are no shaky steps it's on you if you fall. If you are carrying laundry that's on you and you need to find a way to carry it so you can see where you are stepping.


No you can break your foot anywhere and you still have to abide by your lease. The LL can't lower the apartment for you. This is not a legal argument it's just common sense which if mostly what law is based on.
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Old 10-16-2019, 10:15 AM
 
3,979 posts, read 2,354,665 times
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Quote:
Originally Posted by looker009 View Post
If it's not cosmetic damage, meaning it's not just appearance that treads is broken and someone falls as result after landlord is given reasonable amount of time to fix it, then yes it could be consider gross negligent on the landlord part for not fixing it.
That sounds good. However, in that scenario, why would a person stay in a place where the owner isn't making the necessary repairs? See what I did there? Would a judge take that in consideration if a civil suit were brought against said LL? In other words, if the tenant dealt with this adverse condition for several months. That could be a gray area.
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Old 10-16-2019, 11:18 AM
 
Location: Forests of Maine
37,469 posts, read 61,406,816 times
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I have had tenants who insisted on piling their garbage in a stairwell. One of the city inspectors saw this and they sent me a letter saying that the stairwell needed to be kept clean. I told the tenant and they ignored me. I sent them a few written notices that their garbage needed to be removed from the stairwell and their garbage piled up deeper on the stairwell.

If they had ever fallen down the stairs due to the garbage, it would not be my fault.



Right now I have a tenant [a church], in their space, the church volunteers keep plugging in extension cords that feed power strips. The city inspectors get upset at me whenever they see it. So last night I attended a church function, and there was a 30-foot extension cord feeding an octopus to other extension cords, all feeding individual power strips. My wife disconnected all of them, and she put up a sign telling people to stop using extension cords. I am confident that if I went down there today, those cords would all be plugged in again.
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Old 10-16-2019, 11:39 AM
 
3,979 posts, read 2,354,665 times
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Quote:
Originally Posted by Submariner View Post
I have had tenants who insisted on piling their garbage in a stairwell. One of the city inspectors saw this and they sent me a letter saying that the stairwell needed to be kept clean. I told the tenant and they ignored me. I sent them a few written notices that their garbage needed to be removed from the stairwell and their garbage piled up deeper on the stairwell.

If they had ever fallen down the stairs due to the garbage, it would not be my fault.



Right now I have a tenant [a church], in their space, the church volunteers keep plugging in extension cords that feed power strips. The city inspectors get upset at me whenever they see it. So last night I attended a church function, and there was a 30-foot extension cord feeding an octopus to other extension cords, all feeding individual power strips. My wife disconnected all of them, and she put up a sign telling people to stop using extension cords. I am confident that if I went down there today, those cords would all be plugged in again.
I am sure you are right. Funny you mentioned trash blocking egress. I have a similar situation with a tenant that is a total slob. Trash can is always overflowing and blocking the outside stairs. I told this person numerous times in text to be mindful of this. Of course, this person is a brick wall. I may write a formal letter to her about this issue to emphasize my point.
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Old 10-16-2019, 12:39 PM
 
9,879 posts, read 14,131,555 times
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Quote:
Originally Posted by Submariner View Post
I have had tenants who insisted on piling their garbage in a stairwell. One of the city inspectors saw this and they sent me a letter saying that the stairwell needed to be kept clean. I told the tenant and they ignored me. I sent them a few written notices that their garbage needed to be removed from the stairwell and their garbage piled up deeper on the stairwell.

If they had ever fallen down the stairs due to the garbage, it would not be my fault.



Right now I have a tenant [a church], in their space, the church volunteers keep plugging in extension cords that feed power strips. The city inspectors get upset at me whenever they see it. So last night I attended a church function, and there was a 30-foot extension cord feeding an octopus to other extension cords, all feeding individual power strips. My wife disconnected all of them, and she put up a sign telling people to stop using extension cords. I am confident that if I went down there today, those cords would all be plugged in again.

I am not a lawyer, but I feel like you will be liable if something happens. While you think telling them to remove it (or sending letters) shifts the liability to them, you as the landlord, continue to allow it for not evicting tenants that refuse to follow safety codes. I see you as still very much liable.
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Old 10-16-2019, 01:43 PM
 
3,979 posts, read 2,354,665 times
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Quote:
Originally Posted by spencgr View Post
I am not a lawyer, but I feel like you will be liable if something happens. While you think telling them to remove it (or sending letters) shifts the liability to them, you as the landlord, continue to allow it for not evicting tenants that refuse to follow safety codes. I see you as still very much liable.
Interesting. I am not a lawyer either. However, how could liability be shifted to the LL? Could you evict someone for not following code? I don't see that in PA.
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Old 10-16-2019, 01:51 PM
 
Location: SoCal
4,169 posts, read 2,143,462 times
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Quote:
Originally Posted by quiet life View Post
Interesting. I am not a lawyer either. However, how could liability be shifted to the LL? Could you evict someone for not following code? I don't see that in PA.

Landlord have ultimate liability over communal space. Yes landlord would need to take corrective action up to eviction to enforce fire code. Failure to make sure that common share space is free and clear of obstructive makes landlord liable for anything that happens.
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Old 10-16-2019, 02:19 PM
 
9,879 posts, read 14,131,555 times
Reputation: 21798
Quote:
Originally Posted by quiet life View Post
Interesting. I am not a lawyer either. However, how could liability be shifted to the LL? Could you evict someone for not following code? I don't see that in PA.

Mandating that the tenant follow all local codes and laws should definitely be in your lease.
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Old 10-16-2019, 07:07 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,908,150 times
Reputation: 18004
Quote:
Originally Posted by Submariner View Post
I have had tenants who insisted on piling their garbage in a stairwell. One of the city inspectors saw this and they sent me a letter saying that the stairwell needed to be kept clean. I told the tenant and they ignored me. I sent them a few written notices that their garbage needed to be removed from the stairwell and their garbage piled up deeper on the stairwell.

If they had ever fallen down the stairs due to the garbage, it would not be my fault.



Right now I have a tenant [a church], in their space, the church volunteers keep plugging in extension cords that feed power strips. The city inspectors get upset at me whenever they see it. So last night I attended a church function, and there was a 30-foot extension cord feeding an octopus to other extension cords, all feeding individual power strips. My wife disconnected all of them, and she put up a sign telling people to stop using extension cords. I am confident that if I went down there today, those cords would all be plugged in again.
Why the hell aren't you giving these people termination notice for cause?


Are you waiting for an electrical fire to burn down the property and then ask who is responsible and "what are my rights."
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