52-Day Elevator Outage Leads to Lawsuits Against Landlord

For 52 consecutive days, both elevators at a six-story California apartment building were out of service, allegedly leaving some elderly and disabled residents stranded in their homes and forcing emergency crews to carry one resident’s husband down the stairs multiple times. Now, the building’s landlord is facing lawsuits from the city of Oakland and seven tenants over the elevator outage and allegations of broader disrepair and unsafe conditions, KTVU FOX 2 News reported.

The outage occurred at La Peralta, a six-story affordable housing property with about 100 units, during the summer of 2025. Residents with mobility limitations said they were left confined to their homes or forced to navigate multiple flights of stairs — with one tenant saying emergency crews had to carry her husband down the stairs on three different occasions. The lawsuits also allege ongoing issues with disrepair, pests, and other safety hazards at the property. According to the news station, the city of Oakland is seeking restitution for the affected residents and for the building to be brought into compliance. The owner could not be reached for comment, KTVU reported.

“It is disappointing to read something like this and see that tenants were exposed to that,” said Konnie Keaschall-Kiser, Manager, Commercial Insurance, Burns & Wilcox, Scottsdale, Arizona. “Property owners need to keep their tenants safe — that is what they are there for, to protect them and give them a safe home.”

When apartment building owners face lawsuits alleging unsafe conditions or harm to tenants or visitors, Habitational Insurance policies such as Commercial General Liability (CGL) Insurance and Excess Liability Insurance can help pay for legal defense, settlements, and other lawsuit-related expenses.

“This is a good example of how deferred maintenance can become more than a property management problem; it can become an insurance and liability issue,” said Michael Dunne, Senior Underwriter, Commercial Insurance, Burns & Wilcox, Dallas / Ft. Worth, Texas. “An elevator outage, damaged lighting, or any other unresolved maintenance can affect both property and liability exposures.”

This is a good example of how deferred maintenance can become more than a property management problem; it can become an insurance and liability issue.

The cost of deferred maintenance

According to KTVU, firefighters responded to the La Peralta apartment building 75 times for various incidents beginning in 2025, including multiple calls to rescue residents from broken elevators. The city of Oakland’s lawsuit also claims the building has had pest infestations, security problems, and unrepaired fire, water, and structural damage, CBS San Francisco reported.

In addition to higher repair expenses, deferred maintenance can expose apartment building owners to costly liability claims. Landlords are currently facing an increase in liability lawsuits, with slip-and-fall incidents and elevator and escalator accidents among the most common types, Bisnow reported in April. When an apartment building owner is sued over allegations that a lack of maintenance harmed a resident or guest, CGL Insurance can help cover the cost of legal defense, settlements, and more, while Excess Liability Insurance can provide additional liability limits for large claims.

“Whether it is the fault of the apartment complex or not, they are likely going to be named in a lawsuit,” Keaschall-Kiser said. “That is where the insurance can respond for them.”

Whether it is the fault of the apartment complex or not, they are likely going to be named in a lawsuit. That is where the insurance can respond for them.

Regular inspections and timely repairs can help prevent losses, Dunne said — and insurers often inspect a property after coverage is placed and may require faulty wiring, aging roofs, or other concerns to be resolved. Documenting updates to electrical, plumbing, and HVAC systems can also help underwriters evaluate a property.

“Generally, things like deferred maintenance are found during an inspection post-placement,” he said. “Those items would need to be addressed.”

Discuss coverage for assault, firearms

In December 2025, the family of a Florida woman sued an apartment complex and its management company after she was struck by gunfire that entered an apartment during a birthday party. The woman was left with “serious and severe physical and psychological injuries,” according to the lawsuit, which alleged inadequate security at the property despite previous violent incidents, FOX 13 Tampa Bay reported.

“A lot of lawsuits involve assaults, shootings, fights, and other violent incidents,” Dunne said. However, coverage for these incidents could be excluded under some CGL Insurance policies, he said. “They have to make sure Assault & Battery Coverage is provided.”

A lot of lawsuits involve assaults, shootings, fights, and other violent incidents. [Apartment owners] have to make sure Assault & Battery Coverage is provided.

Coverage for incidents involving firearms or animals may also be excluded or carry a lower sublimit, while a Habitability Exclusion may limit or eliminate coverage for claims alleging that a landlord failed to maintain safe living conditions for tenants, Keaschall-Kiser pointed out.

“You have to look at the policy forms,” she said. “You want to have those exclusions removed if you can. There are so many things you cannot control.”

You have to look at the policy forms. You want to have those [assault and firearm] exclusions removed if you can. There are so many things you cannot control.

An apartment complex’s local crime score, prior losses, and security measures in place could impact coverage availability and pricing. “Making sure they have eyes on their property is important,” Keaschall-Kiser added. “Stay on top of what is going on at the property and make sure tenants are protected in their homes.”

Property managers should know that they could also be sued over incidents that occur on the premises. “If the landlord has them responsible for managing the property, they could have some exposure from that as well,” she said.

‘Active approach’ to safety advised

Beyond CGL Insurance and Excess Liability Insurance policies, apartment owners often need additional protection based on their properties and operations. In addition to Commercial Property Insurance, which can respond to physical damage to the building, Ordinance & Law Coverage can help pay additional costs when repairs following a loss must comply with current building codes.

Owners may also want to discuss Flood Insurance, Sexual Abuse and Molestation (SAM) Coverage, and Tenant Discrimination Insurance with their insurance broker.

“Tenant Discrimination Insurance is an important one to have,” Keaschall-Kiser said. “If there are claims of discrimination, ADA-related claims, or unfair housing claims, this is where you could find coverage for that.”

The number of units and amenities an apartment complex has may also impact their liability exposure. Properties with swimming pools, for example, may need to seek out multiple layers of Excess Liability Insurance to obtain adequate limits, she said. An experienced Habitational Insurance broker can compare policy forms and approach specialized markets for the coverage and limits needed.

“You could previously write a $10 million Excess Liability policy, but now it may have to be $5 million and then another $5 million,” Keaschall-Kiser said. “Sometimes you have to layer it to get the higher limits.”

Property owners who “take an active approach” to addressing safety issues are likely to have more options in the marketplace, Dunne said. “That is just as important as the age or construction of the building,” he said. “Identifying any concerns before going to market can make a significant difference in both the carrier appetite and the pricing.”