Real property management, also known as property maintenance, refers to the overall upkeep of a land or property. It includes making specific repairs, cleaning, and cosmetic changes. The people responsible for the upkeep and maintenance can include:
- Property owner
- Joint tenants
- Joint property owners
- Business renters
Business property management involves the supervision, operation, and control of many properties such as:
- Business parks
- Office buildings
- Shopping malls
- Commercial property
Overseeing and controlling business property may include personal property located in the business such as:
- Mechanical fixtures
The property management company works directly with tenants and other companies connected to the property. They advertise the availability of space available for leasing or rent and:
- Respond to tenant’s complaints
- Handle any repair and maintenance issues
- Handle evictions
- Hire independent contractors to make improvements to the property
Premises liability is holds the property owner responsible for some types of injuries suffered by visitors while on the property. This legal theory is based on negligence where the property owner has a duty to correct any problems with the property itself, take precautions to keep visitors safe, and warn people on the property of any defects.
An owner or manager of property may have a viable defense to a premises liability action such as:
- Comparative negligence: This defense compares the actions of the plaintiff and defendant before, during, and after an accident. If the plaintiff is shown to be partially negligent in their actions leading to the injury, the damages they receive may be reduced.
- Contributory negligence: This defense looks at the plaintiff’s actions. If the plaintiff contributed to their own injury any way, it may bar them from winning their case.
- Assumption of the risk: The plaintiff was aware of the risk of the property in its current condition and continued to act in defiance of the risk anyway. For example, a person was warned about a slippery floor and walked on it anyway, which led to them slipping and falling.
Yes, you should contact a property attorney about property management. You will want to know your rights and responsibilities regarding property ownership.