When walking through a rental property, some dangers are obvious. Scary landlords. Peeling paint. Burglar-filled alleys. But some of the most harmful hazards in a rental property are things you cannot see, smell, or taste.
Here’s what you need to know…
Hidden dangers like carbon monoxide, lead paint, radon, and mold silently wreak havoc every year. They’re responsible for thousands of injuries and hundreds of deaths each year.
What makes these silent hazards so dangerous is the fact that most landlords don’t know about them (or don’t care).
And when renters get hurt because of their ignorance… tenants pay the price.
In this article, you’ll discover…
- Landlord Duty of Care Defined
- Silent Environmental Hazards Commonly Found in Rental Properties
- Settlement Amounts for Carbon Monoxide Poisoning Injuries
- What You Can Do to Protect Yourself
What Landlords Owe You: The Duty of Care Defined
Every landlord owes their tenants a “duty of care.”
The landlord duty of care means that renters have a legal right to expect their landlord will provide them with a safe and habitable place to live.
That includes protecting tenants from environmental hazards.
Every lease agreement includes what’s known as the “implied warranty of habitability.”
This means that every rental property is required by law to meet basic health and safety standards.
That can include having a properly functioning heating system and proper ventilation. It also requires landlords to install smoke detectors and carbon monoxide detectors in rental homes.
When landlords don’t meet the standards of the duty of care, tenants can be seriously injured.
If those injuries are caused by exposure to carbon monoxide poisoning, those injuries can be deadly.
Carbon monoxide poisoning settlement amounts range depending on the specifics of each case. Things like medical bills, ongoing treatment costs, lost wages, and pain and suffering all play a role. And if the landlord was aware of the hazard but failed to take care of it, that could greatly impact your claim.
Tenants who have suffered carbon monoxide exposure in Southern California should file a CO poisoning injury claim in San Diego as soon as possible. It’s often the best way to take legal action against a negligent landlord.
Don’t let landlords who ignore rental property hazards off the hook. By knowing your rights, tenants can stay one step ahead of preventable injuries.
Silent Environmental Hazards Commonly Found in Rental Properties
A dripping faucet or loud neighbor can be easy to spot. Other hazards are not so easy to find. In fact, they’re invisible.
Carbon Monoxide
Carbon monoxide poisoning is responsible for over 400 deaths every year.
Carbon monoxide comes from malfunctioning furnaces, gas stoves, blocked vents, and even attached garages.
The biggest problem is that CO is odorless and colourless. Families cannot see it or smell it. They don’t know it’s slowly killing them until it’s too late.
The CDC reports that more than 400 Americans lose their lives to accidental carbon monoxide poisoning each year. And more than 100,000 people visit the emergency room for the same reason.
That’s just CO poisoning. In rental properties, carbon monoxide issues are often caused by poor maintenance or a lack of CO detectors.
Since CO poisoning attacks spread easier in smaller areas, apartments are more susceptible than single-family homes.
Lead Paint
Parents with young children should pay special attention to the age of their rental home.
Federal law requires landlords to disclose any known lead paint hazards before renting out properties built before 1978.
When lead paint ages and cracks it creates toxic dust that children inhale or ingest. Exposure to lead paint can cause lasting neurological issues and damage.
Radon Gas
Radon gas gets into homes through cracks in flooring and foundations. According to the EPA, radon has been found in every state.
Your home should always be tested for radon before moving in. The problem is most landlords don’t know it’s there…or care.
Exposure to radon can lead to cancer and long-term lung damage.
Unless your state specifically requires radon detectors or landlords to disclose radon levels, they probably aren’t.
Mold
Landlords must address moisture problems or leaks that can lead to mold. No renter should have to worry about black mold exposure from their landlord neglecting a basic maintenance problem.
Mold causes respiratory problems, allergies, and many other long-term health complications.
Many tenants don’t know they have mold until they experience chronic symptoms like headaches or breathing problems.
Neglecting mold growth is just as much of a violation of landlord duty of care as the hazards above.
Settlement Amounts for Carbon Monoxide Poisoning
Carbon monoxide poisoning from negligence often leads to renters taking legal action against landlords. How much can you sue your landlord for?
When it comes to carbon monoxide settlement amounts, there is no magic number.
Every CO poisoning case is different based on severity and negligence. Here are some of the factors that decide how much you could sue your landlord for…
Damages sustained:
- The severity of injuries
- Medical bills, treatment costs, and lasting healthcare needs
- Lost wages if you can no longer return to work
- Pain and suffering related to exposure
- Prior knowledge of the hazard by the landlord
Tenants have received settlements ranging from $50,000 to upwards of $1 Million. Sadly, fatalities caused by wrongful death yield the highest awards.
Landlords who ignore requests for maintenance or turn off ventilation systems often face harsh penalties during trial.
A report from UL Standards & Engagement found that 86 million Americans are unprotected against carbon monoxide poisoning.
What’s even more shocking is that nearly half of American travellers and renters assume their dwelling has CO alarms installed.
That thinking will get you killed.
If you believe you’ve been poisoned by your landlord’s negligence, seek medical attention immediately.
Then call a lawyer and start documenting your case from there.
Ways to Protect Yourself as a Tenant
Landlords should be doing more to prevent silent hazards. But until they do, there are ways to protect yourself as a tenant.
Consider purchasing your own CO detector. While landlords are required to provide them in most states, you should still have one (or more) as backups. You can purchase battery-powered detectors for as cheap as $20 each.
Request to see past maintenance records on your rental property. Tenants should always be aware of when the furnace was last serviced and if appliances have been inspected.
As soon as you notify your landlord of a maintenance issue, document every step of the process.
Take pictures of the issue, and keep a running log of all text conversations and emails.
Knowing your state’s laws will help you know what the landlord is supposed to provide.
Speak with your landlord about installing CO detectors immediately.
Don’t Ignore Symptoms
If you ever wake up and feel dizzy for no reason, get outside. Carbon monoxide poisoning victims commonly describe feelings of nausea, headaches, and confusion.
Don’t wait for your landlord to become concerned. If you feel any of these symptoms and think CO could be the cause, get outside and call for help immediately.
Wrap Up
Tenants shouldn’t have to worry about silent dangers lurking inside their rental homes.
The landlord duty of care is in place to protect tenants from dangerous housing hazards.
Carbon monoxide detectors save lives. Lead inspections, radon testing, and mold checks are equally important.
Landlords who don’t provide a safe and habitable environment for renters shouldn’t get away with it.
Hopefully, this article has shed some light on the silent dangers that lurk inside rental properties.
Here’s your final takeaway…
- Landlords are legally required to maintain safe rental properties
- Carbon monoxide poisoning is the leading cause of poison-related deaths
- Settlement amounts vary on a case-by-case basis
- Install CO detectors and keep records of communication with landlords
Don’t ignore symptoms of poisoning