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For millions of people who live in apartment complexes across the United States, unaddressed hazards are a serious threat. When stairwells or balconies collapse, security fails, outdoor lighting goes out, or maintenance requests are ignored, tenants and their guests can suffer serious injuries. Premises liability law requires landlords to maintain reasonably safe conditions in common areas and address known hazards promptly. Failure to follow the law can result in serious fines and costly lawsuits.
If you live in an apartment, your landlord is required to keep the property and your unit safe and habitable at all times.
Here’s a closer look at exactly what that means.
What is premises liability?
Landlords who own apartments owe a duty of care to tenants and their guests in all common areas like hallways, parking lots, stairwells, and laundry rooms. If a landlord knows about a dangerous condition and fails to fix it, they can be held legally liable for injuries. Landlords who don’t fix dangerous conditions are breaching their duty of care and are usually found liable after an accident.
An injured party’s claim is strengthened when they can prove the landlord knew about the hazard. For example, if a tenant reported a broken step weeks or months before the accident, that’s a strike against the landlord. However, this only applies to spaces the landlord controls.
When a tenant exclusively controls a space, like their bathroom, the landlord generally can’t be held legally responsible for an injury if the tenant created the hazard.
Slip and fall hazards in common areas
Apartment complexes often have several common areas, and unfortunately, slip and fall accidents happen all the time. Claims frequently cite hazards like a wet floor in the laundry room during the rainy season, icy sidewalks, broken tiles, loose handrails, or uneven stairs.
Poor lighting in common areas greatly increases the risk of a fall. Landlords need to replace light bulbs and fix broken electrical systems so tenants aren’t forced to navigate stairs and hallways in the dark. In colder climates, landlords are sometimes required to remove snow and ice from walkways.
Negligent security and criminal activity
Criminal activity happens frequently at apartment complexes, and that can include drugs, assault, robbery, and other violent crimes. When a landlord fails to provide basic, reasonable security in a high-risk area, they could be held liable for negligent security. For example, landlords are required to maintain functioning locks on gates, entrances to the building, and residential doors and windows. Ignoring repair requests for broken locks can strengthen a tenant’s lawsuit.
Dark parking lots make residents vulnerable to accidents and violent crime. If someone is hurt on the property, the court might consider whether lighting could have prevented the incident. If there have been previous criminal acts on or near the property, landlords might be legally required to enhance security based on known risk.
Building code violations
Building codes exist to make properties as safe as possible, but sometimes landlords intentionally or accidentally violate these codes. The law doesn’t care about intent. If a code violation causes injury, the landlord can be held responsible.
Everything is spelled out specifically in the code, including handrail height, tread depth, guardrail spacing, door height, window placement, and more. Structural defects and disregarded requirements often lead to injury. For example, if the landlord didn’t hire a professional electrician, a bad wiring job will increase the risk of fire and shock. Even one ungrounded outlet can kill someone.
One of the most common structural failures is a collapsed balcony. Sometimes the tenant is responsible for overloading the balcony with too many people, but other times it’s a genuine structural defect and the landlord is responsible.
Hazardous conditions inside units
In addition to maintaining safe conditions in common areas, landlords have a duty to address hazards inside each rental unit to keep it habitable. For example, landlords are required to provide working hot water, heat, functioning appliances (if they come with the unit), and working smoke/carbon monoxide detectors. In some states, landlords are required to remediate mold.
Regular inspections are necessary
Some tenants see regular inspections as an inconvenience, but they’re actually beneficial for everyone. Regular inspections give landlords the chance to identify and fix problems early, even if the tenant doesn’t notice or report the issue. Timely repairs keep tenants safe and can protect the landlord against costly lawsuits.
Maintaining safe conditions isn’t optional
Landlords have a legal duty to maintain habitable units and safe common areas. When this duty is ignored, injury claims tend to follow. Landlords must implement consistent maintenance and make prompt repairs to keep everyone safe and avoid legal trouble.
