A strong property management agreement delineates responsibilities, duties, and liabilities. Understanding these principles is essential for property owners and managers to mitigate risks and ensure compliance with state law.
Property Owners’ Responsibilities and Liabilities
Property owners bear the primary responsibility for the safety of premises they control. If an owner relinquishes control of the entire property to a tenant, liability generally shifts. However, if the owner retains control over common areas (sidewalks, lobbies), they may remain liable for negligence or breach of the implied warranty of habitability (Echeverria v. Holley).
Property Managers’ Responsibilities and Liabilities
Managers are typically considered agents of the owner. They are generally not liable for injuries unless their negligence directly causes harm or results in a public nuisance. Liability often hinges on the degree of control. In Simone v. Zakiul Alam, the court found that an owner who actively managed and retained control through a manager owed a duty of care to tenants.
Statutory Protections for Property Owners
Pennsylvania statutes (e.g., 68 Pa.C.S. § 3311 and § 5311) specify that individual unit owners in condominiums or planned communities generally aren’t liable for acts committed by the association or its agents unless they hold particular responsibilities under governing documents.
Mitigation Through Contractual Clarity
Liability relating to property management in Pennsylvania depends on contractual language and control levels. Properly structured contracts, combined with awareness of applicable legal standards, can significantly mitigate potential real estate disputes.
Contact MBM Law for Real Estate Legal Counsel
Navigating the complexities of property management requires a dedicated real estate lawyer. Our team will ensure your contract clarifies duties, control, and liability tailored to state law and your unique property circumstances.
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Brian is an accomplished trial attorney with a distinguished career in criminal prosecution spanning nearly 20 years. He is a valuable member of MBM Law’s Litigation team applying his impressive litigation skills in achieving just outcomes for the firm’s public and private clients.