Can I get sued as a landlord?

Some light reading:

Landlord sued by tenant who tripped on carpet injuring her back
Muir v Hume [2003] QSC 191
http://archive.sclqld.org.au/qjudgment/2003/QSC03-191.pdf

Electrician electrocuted by exposed wire
Giovenco v Dick [2010] NSWDC 4
http://www.lawlink.nsw.gov.au/dcjud...C018EE676B0636F9CA2576C40011825A?OpenDocument

Person lawfully on premises injured by glass door - Scope of landlord's duty of care to a person who resides on premises
Jones v Bartlett [2000] HCA 56; 205 CLR 166; 176 ALR 137; 75 ALJR 1 http://www.austlii.edu.au/au/cases/cth/high_ct/2000/56.html

alleged negligence of owner of rental premises – alleged negligence of managing agent of rental premises
Hunt v Roads and Traffic Authority of NSW & Anor [2010] NSWDC 88 http://www.lawlink.nsw.gov.au/dcjud...f2dc811e381a3cbdca25772800056fcd?opendocument
 
And the idiots are the lawmakers that allow this.

A few years back a tenant slipped on ice in the parking lot. He was drunk, didn't have any witnesses, and it was dark. Salt won't work when the tempertaure is too cold.We had a month long cold snap.
Tenant doesn't bother mentioning anything to our live in building supers, but instead calls an 'ambulance chaser' law office the next. Claiming a bad back.
Long story short, our insurance company wants to settle for $2500 with the tenant, because it is easier.
We say no. They tell us it isn't our decision.
We say nothing, and soon after move all of our insurance policies to another company.Still don't know the outcome.
A couple days after this happened, the tenant saw us, watching him carring his baby in a carry chair, then quickly put it down, and grabbed his back.
Grrr..have I said lately, I hate tenants :)

after they moved out, they left a lot of garbage in their unit. It seems they had just been denied a student loan, for $8000, which included childcare expenses (neither of them worked!)
 
kathryn d said:
And the idiots are the lawmakers that allow this.

A few years back a tenant slipped on ice in the parking lot. He was drunk, didn't have any witnesses, and it was dark. Salt won't work when the tempertaure is too cold.We had a month long cold snap.
Tenant doesn't bother mentioning anything to our live in building supers, but instead calls an 'ambulance chaser' law office the next. Claiming a bad back.
Long story short, our insurance company wants to settle for $2500 with the tenant, because it is easier.
We say no. They tell us it isn't our decision.
We say nothing, and soon after move all of our insurance policies to another company.Still don't know the outcome.
A couple days after this happened, the tenant saw us, watching him carring his baby in a carry chair, then quickly put it down, and grabbed his back.
Grrr..have I said lately, I hate tenants :)

after they moved out, they left a lot of garbage in their unit. It seems they had just been denied a student loan, for $8000, which included childcare expenses (neither of them worked!)
Click to expand...

Insurers can, probably, stand in your shoes and sue in your name!
 
Biggles said:
And tenant of course is not at all held responsible for their stupidity, and contributes 0%. Got to love the law. :rolleyes:
Click to expand...

I'm on the same page as you Biggles.


no families with teenagers, no little kids, no welfare boguns, or young adults with no rental history...who's left??
Click to expand...

Companies.

The worst thing you can have in your property are kitchens / bathrooms / laundries and especially bedrooms.

Get rid of all of those and you'll start attracting decent Tenants.
 
In the last year alone, out of around 650 managements at our office:

1. Owner sued by tenant for $75,000 in medical expenses and back rent after owner refused to attend to mould issues and didn't respond to maintenance quickly enough. These owners had no email, only a landline and are very old immigrants. My office was found to have acted in accordance with obligatios, owner ordered to pay $24,500 in medical claims (asthma and ear infections affecting tenant's singing career, and backdated rent reduction over 3 years)

2. Owner sued by tenant for $350,000 in compensation as the tenant slipped down a staircase whilst carrying a washing basked. Townhouse only 4 years old and obviously complies with building codes. This one has been dragging for 6 months now..

3. Owner sued by tenant who scalded themselves when their hot water came out too hot from the shower. Had never reported problems with hot water system prior, tenant settled with insurance company for $2500.

4. Owner sued by tenant who's power tripped during a storm while they were overseas over christmas. They came back to find a broken fridge and the rotting food had apparently caused all their furniture and clothes to become unusable. Claimed for immediate break lease, new fridge, a whole unit of new furniture, several thousand $$ in new clothes, and a few thousand compensation. Tenant didn't bother to have contents insurance, so this of course becomes the owner's fault.

5. Owner sued by tenant who twisted her ankle going down a timber staircase. Apparently the dark stain on the timber made it difficult for her to distinguish where the treads and risers were (in the middle of the day too). This one is still ongoing also. I think the claim was for $20,000 from memory.

'Metrocity Realty' also gets sued by tenants probably twice a month on average for stupid things. I think I have yet to see a claim against us that actually has any merit.

There has been a big rise in the number of "tenant advocacy groups" in Brisbane, and I have no doubt that these 'investor hating clubs' are coaching tenants on how to take owners and agents to court.

Matt
 
Every time we get a big fat A4 envelope via registered post at the office, we all groan.

To make it worse, most of the above tenants have no plans on moving out.

We sent one of the staircase ones a Notice to Leave for the end of their lease (which was upcoming) they took it to QCAT (other claim pending at Magistrates Court) who decided that our notice was 'retaliatory action' and forced us to allow the tenants to stay.

Apparently our only grounds for termination was that the tenants had sued the owner, "which they were entitled to do".

OF COURSE IT WAS!!! I wanted to climb over the table and punch that QCAT member.

Moral of the story: YES, you can be sued 'as a landlord'.
 
And Matty's firm does a great job too. I used them for all my resi stuff until I turfed the resi. Imagine how many the crap ones get
 
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