landlords | Dolan Law Firm

Can I Sue My Apartment Owner For An Injury: Premises Liability Explained

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Sophie from South San Francisco writes: “I recently moved into an apartment and was taking the trash out at night. I didn’t realize, nor see because the overhead light was out, that there was a curb outside the rear door leading to the dumpster that had been built by the owner to keep the dumpster from rolling, I tripped, fell, and broke my ankle. Is my landlord at fault?”

Return of a tenant’s security deposit is covered by Civil Code section 1950.5. The security deposit is the property of the tenant, and sums can only be withheld for items described under 1950.5. These items include: 1) to remedy a tenant’s unpaid rent, 2) to repair damage, 3) to clean the unit, and 4) to restore, replace or return personal property. The deposit cannot be used to repair damages for “ordinary wear and tear” that occurred during the tenant’s term, or to repair any damage that pre-existed the tenancy.

Slip and Fall Lawsuit: Do Your Stairs Meet State Safety Rules?

This Week’s Column is a follow up to last week’s question from Marissa C. She fell on some stairs in her senior living community. She wanted to know whether there are safety regulations for stairways in apartments and commercial buildings and whether violation of those regulations can lead to legal liability. This column shall address handrail safety guidelines, visual delineation requirements and issues of tread height and depth. Violation of any of these standards may establish liability against the landlord.