A renter’s damage liability for the apartment
The question of responsibility and scope goes beyond the scope of the essay, but due to its importance, I will expand on it a bit.
And I’ll start from the end. The landlord has a tort liability regarding the apartment, but when it comes to the scope of the liability this is a question that is difficult to answer in general.
Contrary to what one might think, the landlord does not go beyond his obligations for the apartment, in renting the apartment to the tenant.
There are obligations that are transferred to the tenant exclusively, some that will continue to apply to both the landlord and the tenant and some will remain solely the responsibility of the landlord. All of these depend on the circumstances of each case.
The term “negligence” is defined in the law as follows:
“Negligence – not being attentive to the nature of the act, the existence of the circumstances, or the possibility of causing the consequences of the act, which are among the details of the offense, when a common person could, in the circumstances, be aware of that detail …”
The concept of ‘the common person is nothing but ‘the reasonable person.
The level of care required of a reasonable person is determined with the assistance of tort law tests in the tort of civil negligence, which is based on examining the existence of conceptual and concrete precautionary duties, breach, and the existence of a causal link between the breach of duty and damage.
And I have already established these foundations regarding the sale of an apartment.