Apartment Common Area Hazard Demand Letters
Apartment and residential premises liability: When you or your guests are injured in a slip, trip, or fall in an apartment building’s common areas (stairs, hallways, parking lots, walkways, laundry rooms), the landlord or property manager may be liable for failing to maintain safe conditions. Landlords have a duty to inspect, repair, and warn of hazards in areas they control.
Successful apartment hazard claims require proving the landlord had notice of the dangerous condition and failed to repair it, or that the condition was so obvious that the landlord should have discovered it through reasonable inspections. This guide covers how to identify the responsible party, build a demand letter, and navigate landlord-tenant dynamics.
I handle apartment and residential premises liability demand letters personally. This page covers general U.S. law. If your injury occurred in California, I have California-specific guidance addressing state law and habitability statutes.
In most U.S. jurisdictions, landlords have a statutory and common-law duty to maintain common areas in reasonably safe condition. This duty applies to areas the landlord controls and retains exclusive possession of, not to the interior of individual tenant units (unless the landlord has been notified of a dangerous condition inside the unit).
Common areas typically include:
- Stairways and handrails: Interior and exterior stairs, landings, railings
- Hallways and corridors: Shared interior walkways, elevators
- Parking lots and garages: Driveways, parking spaces, speed bumps
- Walkways and sidewalks: Paths leading to buildings, courtyards
- Laundry rooms and amenities: Shared laundry, gyms, pools, clubhouses
- Lobbies and entryways: Building entrances, mailrooms
State laws vary, but most impose similar duties on landlords:
| Duty Type | Description |
|---|---|
| Duty to inspect common areas | Landlords must conduct reasonable inspections to discover hazards (broken stairs, poor lighting, leaks, uneven surfaces). |
| Duty to repair after notice | Once landlord has actual or constructive notice of a hazard, they must repair it within a reasonable time or warn tenants/guests. |
| Implied warranty of habitability | Many states require landlords to maintain premises in safe, habitable condition, including structural safety and compliance with building codes. |
| Duty to protect from foreseeable crime | In some jurisdictions, landlords must take reasonable security measures (lighting, locks, cameras) when crime is foreseeable. |
Like commercial premises cases, apartment liability claims generally require proof of notice. Landlords are liable if they:
- Created the hazard: Landlord or maintenance staff caused the dangerous condition (e.g., left tools on stairs during repairs).
- Had actual notice: Tenant or guest reported the hazard to landlord, property manager, or maintenance staff.
- Had constructive notice: Hazard existed long enough that reasonable inspections would have discovered it, or it was so obvious the landlord should have known.
Residential premises liability claims arise from a wide range of hazards in common areas. Below are the most frequent fact patterns:
Stairway defects are one of the most common causes of serious apartment injuries:
- Broken or missing handrails: Railings that are loose, detached, or absent entirely
- Inconsistent riser heights: Steps of varying heights causing missteps (building code violations)
- Loose or cracked steps: Treads that shift or break underfoot
- Poor lighting on stairs: Burned-out bulbs, inadequate fixtures, shadows obscuring steps
- Slippery surfaces: Polished steps, lack of traction strips, wet or icy exterior stairs without salt or mats
Leaks create both slip hazards and long-term structural and health risks:
- Roof leaks: Water pooling in hallways, stairwells, or entryways
- Plumbing leaks: Leaking pipes causing slippery floors, warped surfaces, or mold
- Flooded laundry rooms: Overflowing washing machines or broken drains
- Mold from chronic leaks: Respiratory injuries, allergic reactions, or worsened asthma from toxic mold exposure
Inadequate lighting in common areas creates trip hazards and increases crime risk:
- Burned-out bulbs: Dark hallways, stairwells, parking lots, or walkways
- Broken fixtures: Vandalized or malfunctioning lights that landlord fails to replace
- Insufficient lighting: Single low-wattage bulb in large parking lot or long hallway
- Security and crime: Poor lighting contributing to assaults, muggings, or car break-ins
Exterior common areas are frequent sources of apartment injury claims:
- Cracked or uneven concrete: Tripping hazards on walkways, patios, or parking lots
- Potholes: Large depressions in parking areas causing trips or vehicle damage
- Algae or moss on walkways: Slippery surfaces in shaded, damp areas
- Ice and snow: Failure to salt, sand, or clear walkways and stairs in winter climates
- Tree roots or landscaping: Roots buckling sidewalks, overgrown shrubs obscuring walkways
- Elevator malfunctions: Sudden stops, door failures, or uneven floors causing falls
- Lack of maintenance: Failure to inspect and service elevators per manufacturer or code requirements
Identifying the correct responsible party in apartment and residential premises cases can be complex. Multiple entities may share liability depending on ownership structure and lease terms.
I personally draft and negotiate demand letters for tenants and guests injured in apartment buildings, condos, and other residential properties. These cases require careful attention to landlord-tenant dynamics, notice requirements, and habitability laws.
Yes, but only if the landlord had notice of the hazard and failed to repair it within a reasonable time. Landlords generally have no duty to inspect the interior of your unit, but once you report a dangerous condition (broken floorboards, leaking ceiling causing slippery floors, faulty electrical outlet), they must repair it.
Key evidence for in-unit falls:
- Written complaints (emails, texts, maintenance requests) documenting that you reported the hazard
- Landlord’s failure to respond or inadequate repair attempts
- Length of time between your complaint and the accident
- Lease provisions requiring landlord to maintain premises in safe condition
If the hazard existed before you moved in and landlord knew about it, you may also have a claim based on failure to disclose or make safe before leasing the unit.
Yes. Guests and visitors are typically owed a duty of reasonable care in common areas. If you were injured on stairs, in a hallway, parking lot, or other common area, you can pursue a premises liability claim against the landlord.
Advantages of guest claims:
- You have no landlord-tenant relationship, so no concerns about lease termination or retaliation
- You may not have been aware of the hazard (unlike tenants who may have seen it daily), strengthening your claim that it was not “open and obvious”
Challenges: You may have less access to complaint history and maintenance records showing landlord’s notice. Work with the tenant (your friend) to obtain copies of prior complaints or work orders related to the hazard.
In most states, retaliatory eviction is illegal. If your landlord evicts you, refuses to renew your lease, raises rent significantly, or harasses you shortly after you send a demand letter or file a lawsuit, this may constitute illegal retaliation.
Protections vary by state, but generally include:
- Prohibition on eviction or non-renewal within a certain period after tenant asserts legal rights
- Presumption of retaliation if landlord acts within 90-180 days of demand letter or lawsuit
- Tenant remedies including reinstatement, damages, and attorney fees
Document everything: Save all communications with landlord after sending your demand. If landlord takes adverse action (eviction notice, lease non-renewal, harassment), consult a tenant rights attorney immediately. Retaliation claims can provide additional leverage and damages.
Best evidence of landlord’s notice:
- Your written complaints: Emails, texts, letters, or maintenance portal requests reporting the hazard
- Other tenants’ complaints: Statements from neighbors who also reported the same problem
- Prior repair attempts: Work orders, invoices, or receipts showing landlord attempted to fix the issue (proves actual knowledge)
- Code violations: City or county inspection reports citing the hazard
- Obvious deterioration: Photos showing long-standing decay (rust, weathering, multiple patch jobs) suggesting landlord should have discovered it through reasonable inspections
- Lease terms: Provisions requiring landlord to maintain specific areas (e.g., “Landlord responsible for all stairway and hallway maintenance”)
If you never complained, focus on constructive notice: the hazard was so obvious or long-standing that reasonable inspections would have discovered it.
Economic damages:
- Medical bills (ER, specialists, physical therapy, surgery, medications)
- Lost wages and diminished earning capacity
- Out-of-pocket expenses (co-pays, assistive devices, transportation to medical appointments)
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
Punitive damages: Rarely available, but may apply if landlord’s conduct was grossly negligent or intentional (e.g., knowingly ignored repeated complaints about serious hazard causing multiple injuries).
Rent abatement or offset: In some states, if you remain in the property and the hazard also constitutes a habitability violation, you may also pursue rent abatement or withholding (separate from injury damages).
Reporting building code violations to local authorities can strengthen your case, but consider the timing:
Advantages of reporting violations:
- Creates official record of hazard and landlord’s failure to maintain safe conditions
- Code violation citations support negligence per se arguments in demand letter
- May force landlord to repair hazard, protecting other tenants
Disadvantages:
- Landlord may repair hazard immediately, reducing settlement leverage
- If you’re a current tenant, may increase retaliation risk
Strategy: Consider sending demand letter first, giving landlord opportunity to settle and repair. If landlord refuses or ignores demand, then report violations to building department and reference in follow-up demand or litigation.