As owner of a residential or commercial income property, Landlords are susceptible to premises liability claims. It is imperative for Landlords to understand the duty imposed by California law. A tenant bringing a claim against the Landlord must demonstrate to a jury that the Landlord breached his/her duty. California Civil Jury instructions define the scope of this duty as follows:
A landlord must conduct reasonable periodic inspections of rental property whenever the landlord has the legal right of possession. Before giving possession of leased property to a tenant [or on renewal of a lease] [or after retaking possession from a tenant], a landlord must conduct a reasonable inspection of the property for unsafe conditions and must take reasonable precautions to prevent injury due to the conditions that were or reasonably should have been discovered in the process. The inspection must include common areas under the landlord’s control. After a tenant has taken possession, a landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the landlord’s control if the landlord knows or reasonably should have known about it. [After a tenant has taken possession, a landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the tenant’s control if the landlord has actual knowledge of the condition and the right and ability to correct it.]
Thus, Landlords are better served to know what a jury will be instructed on with respect to determining whether a Landlord breached his/her duty in a Premises Liability claim.