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Landlord vs Tenant: Who is Liable in Personal Injury Cases
Who is liable in a personal injury cases?

Landlord vs Tenant: Who is Liable in Personal Injury Cases?

Landlord and tenant laws vary in both Kansas and Missouri and some disputes can be resolved without an attorney or in small claims court.  However, deciding who is liable in personal injury cases may require legal representation to ensure that both tenant and landlord rights are being met.

In both Kansas and Missouri landlords are responsible for:

  • Providing a dwelling that is fit for living.
  • Disclosure and correction of any existing defects.  Concealment of a defect that results in an injury will most likely result in legal action.
  • Maintain and repair the dwelling and premises in a safe condition.
  • Maintain comprehensive property insurance that not only covers injury, but also other common claims.

In both Kansas and Missouri tenants are responsible for:

  • Maintaining the premises, to include completing repairs within reason.  Often, written notice to and from the landlord is required.   A landlord has the right to dispute the necessity of the repair and its projected expense if the damage was deliberate or due to the negligence of the tenant or tenant family members.
  • Report to the landlord any defects or problems that could result in a personal injury occurring in common areas of the rental property i.e. front step or driveway.  It is also pertinent to report roof damage, leaks or musty smells.  When in doubt, report defects to the landlord.
  • Return property at the end of a lease to the condition as when initially occupied.
  • Maintain renter’s insurance.

Landlord vs tenant and who is liable for a personal injury case largely revolves around the negligence of either party.  It is important to note that residential landlord and tenant laws vary state to state and you may be responsible for more or less than you think.  The information provided above is very brief for the nature of the content and should not be considered a substitute for legal advice.

If you are need of legal advice or representation regarding a landlord or tenant issue, contact Reginald Keith Davis, Attorney at Law for a free consultation.

About the Author

Reginald Davis
Reginald Davis
author

Reginald Davis is a licensed lawyer in Kansas & Missouri.

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