Hi! Thank you for using JustAnswer. My name is XXXXX XXXXX X'XX be assisting you with your question.
The LL installed this metal bar in the interior of the building - not the exterior?
That metal bar is a breach of the implied warranty of habitability - it's a danger.
It's a health and safety problem for the tenants.
There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings " In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.A landlord’s lease cannot avoid the implied warranty habitability - nor can the tenant waive the implied warranty of habitability.A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system Gas facilities in good working order. Heating facilities in good working order. An electric system, including lighting, wiring, and equipment, in good working order. Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin. Adequate trash receptacles in good repair. Floors, stairways, and railings in good repair. In addition to these requirements, each rental unit must have all of the following:A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy. A kitchen with a sink that cannot be made of an absorbent material such as wood. Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation. Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability.While it is the landlord's responsibility to install and maintain the inside wiring for one telephone jack, the landlord's failure to do so probably does not violate the implied warranty of habitability.Additionally is the presence of mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants and the when the local health officer that the property is contaminated by methamphetamine.Landlords must repair the pipes and plumbing in a rental unit and maintain them in good shape. They are obligated to do so under at least two separate, though related, theories.The landlord has to keep essential plumbing (e.g.the toilet) working. What happens if there is a leak and the tenant’s belongings are damaged? In that case, if the landlord violated a duty to maintain the plumbing, he may also have been legally negligent. If the cause of the leak was negligence—for example, carelessness in maintaining or fixing the pipes—the landlord may well be responsible for any damages or losses caused by the negligence.
That's an extensive explanation of the implied warranty of habitability which the LL has clearly breached by placing the metal bar across the window.
So, any tenant could remove the metal bar and not be found liable for doing such.
this was a metal bar to keep people from falling out the window on the 8th floor this is where the bar is across the window.
Then the bar should be placed in the exterior of the building and not in the inside or interior.
Or the bar should be constructed such that it doesn't impose a health and safety hazard - especially when tenants have to use the laundry room to launder their clothes
can the tenants sue that cut them selves?
Yes. They can receive recovery for their damages - their personal injuries.
Not just one tenant cut and injured themself - 3 tenants cut and injured themself.
The metal bar is a health and safety hazard clearly.
At the very least they are entitled to get their medical bill paid.
give me and example of what they can do legally
They can sue the LL for their injuries - that the LL installed a dangerous obstacle in a common area where they have to go to launder their clothes.
Technically they can recover legally. But it's a matter of severity - how bad were their finger's cut.
If only a slight cut - then recovery would be maybe one dollar and it wouldn't be worth it to file suit given the amount of time it take to pursue the matter.
However, if their tendens or nerves were cut - then absolutely they should sue because they have serious bodily injuries.
If only a slight cut - it's considered a nuisance claim and most likely the LL's insurance carrier would offer a nominal settlement just for the matter to go away.
thank you I have another question about the hot water the apartment burning a tenant and she has second degree burns on her hand. should this be a new question ?
If you would be so kind. There would be alot of gathering of information regarding the hot water tank.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).