By: Carolyn Powers and Mack Mayo
Every property rental agreement in Washington includes an implied warranty of habitability. This warranty requires landlords to exercise reasonable care by repairing dangerous conditions on the property. If a landlord fails to remedy a known hazard and the tenant is injured, the landlord may be liable. But does the landlord face the same liability if a tenant’s guest is injured? And could the landlord be liable even if the hazard was created by the tenant? In a recent unpublished opinion, Washington Court of Appeals Division III answered “yes” to both questions.
In Lareau v. Greene, a tenant’s roommate—who was not a party to the lease agreement—was injured after falling down a steep staircase in the rental home. Some time prior to the injury, the tenant had removed the handrail from the staircase.
The Court of Appeals stated that a landlord’s duty and possible liability under the implied warranty of habitability extends to guests and subtenants. Furthermore, a landlord is responsible for known dangers that violate this warranty regardless of the cause. Finally, the Court noted that even though the staircase was compliant with the code that existed when it was built, that did not provide immunity to the landlord if the staircase had since become an actual or potential safety hazard.
As the scope of landlord liability in Washington expands, landlords and their insurers may need to exercise greater oversight to mitigate liability risks.
While this informational publication is about legal issues, it is not legal advice. Legal information is not the same as legal advice and is not a sufficient substitute for the advice or representation of a licensed attorney. If you desire an interpretation of any of the legal principles addressed herein, we recommend you consult with a licensed attorney.
The Paine Hamblen Housing Law team, led by Mack Mayo, can assist landlords, property managers, and developers comply with the growing body of ever-evolving landlord tenant laws in Washington state and Spokane County, including premises liability defense, Fair Housing Act and Residential Landlord Tenant Act violations, and evictions. Contact us today to discuss your legal rights as a residential landlord.
