Landlords have a nondelegable duty to maintain common areas in residential properties in reasonably safe condition. This duty extends to tenants, guests, invitees, and even some trespassers depending on circumstances.
Common areas are parts of the property not under exclusive control of any single tenant:
Control test: Liability follows control. If landlord maintains control over an area (even nominally private, like a patio with landlord-maintained sprinklers), landlord owes duty for defects in that area.
Landlords must exercise reasonable care to:
Regularly inspect for hazards. Frequency depends on traffic, age of property, and known risks
Once aware of defect, landlord must repair within reasonable time or warn occupants
Address conditions likely to cause injury, even if no prior incidents occurred
Provide sufficient illumination to navigate common areas safely at night
To establish liability, plaintiff must typically prove landlord had notice of the hazard:
Landlord had direct knowledge:
Hazard existed long enough that landlord should have discovered it:
Exception to notice rule: If landlord negligently created the hazard (e.g., left cleaning equipment in hallway, failed to install required lighting), notice is not required. Landlord is liable for conditions they affirmatively caused.
Landlords must comply with building codes and warranty of habitability. Violations of these standards can establish negligence per se:
Negligence per se: If landlord violated a safety statute or building code designed to prevent the type of harm plaintiff suffered, this establishes breach of duty. Your demand letter should cite specific code violations (e.g., "IRC R311.7.8 requires handrails on stairs with 4+ risers; defendant's stairway had 12 risers with no handrail").
Landlords often claim tenant or guest was partially at fault:
Comparative negligence reduces recovery but doesn't bar it entirely in most states. Address these defenses proactively in your demand letter.
Understanding the specific hazards and applicable legal standards strengthens your demand letter. Each hazard type has unique notice, causation, and damages considerations.
Common causes: Leaky roofs, mopping without warning signs, tracked-in rain, broken sprinklers
Liability theory: Landlord failed to repair leak, inadequate drainage, no warning signs
Evidence: Photos of wet floor, repair requests, weather records (if rain-related), witness statements
Common causes: Cracked pavement, uneven sidewalks, loose tiles, torn carpet
Liability theory: Constructive notice (defect visible for extended period), failure to maintain
Evidence: Photos showing age of defect (vegetation in cracks, rust, worn edges), prior complaints
Common causes: Failure to salt/sand walkways, inadequate snow removal, ice dams on roofs
Liability theory: Landlord duty to remove or warn of icy conditions in reasonable time after storm
Evidence: Weather data, photos timestamped to show delay in treatment, lease provisions on snow removal
State-specific rule: Some states apply "ongoing storm" doctrine (landlord not liable during active snowfall). Others require prompt action regardless. Research your jurisdiction's rule and cite it in demand letter.
Building code violation: IRC/IBC require handrails on stairs with 4+ risers, specific height and strength
Liability theory: Negligence per se (code violation), increased risk of catastrophic fall
Evidence: Photos showing missing handrail, copy of applicable building code, expert testimony on code requirements
Common causes: Crumbling concrete, loose treads, missing nosing, uneven riser heights
Liability theory: Constructive notice (obvious deterioration), failure to repair after complaints
Evidence: Photos, repair requests, inspection reports, prior incident reports
Building code violation: Stairways must have adequate illumination (specific footcandle requirements)
Liability theory: Negligence per se, foreseeability (nighttime falls in poorly lit areas are predictable)
Evidence: Photos showing darkness, lighting expert report measuring illumination, tenant complaints
Lighting failures in parking lots, hallways, and walkways create liability:
Foreseeability argument: Inadequate lighting is foreseeable cause of slip-and-fall (can't see hazards) and criminal victimization (muggers target dark areas). Use both theories to maximize damages.
Apartment pool accidents involve specialized duties:
Required equipment: Lifebuoy rings, shepherd's crook, posted CPR instructions, depth markers
Liability theory: Violation of state pool safety regulations (negligence per se), inadequate supervision if pool hours permit use
Common causes: Algae growth, inadequate drainage, lack of slip-resistant surface
Liability theory: Failure to maintain deck in safe condition, foreseeability (pool decks are inherently wet)
Pool code requirements: Self-closing gates, minimum fence height, non-climbable barriers
Liability theory: Child drowning cases invoke attractive nuisance doctrine; broken gates violate code and create foreseeable risk
Landlords may be liable for criminal assaults if they failed to provide adequate security:
Evidence for security cases: Crime statistics for property and surrounding area, police reports, prior tenant complaints, lease promises of security features, expert testimony on industry standards for multifamily housing security.
Apartment common area demand letters must establish landlord control, notice of hazard, and breach of duty to maintain safe conditions.
Identify plaintiff, defendant landlord/property manager, property address, date of incident. Confirm your representation: "This constitutes formal demand for settlement of all claims arising from [Plaintiff's] injuries sustained on [Date] at [Property]."
Describe what happened, where, when. Establish plaintiff's status (tenant, guest, invitee). Detail the hazard: "broken concrete step at building entrance, creating 3-inch height differential and trip hazard." Include environmental factors (time of day, weather, lighting).
Apply premises liability law:
Detail any building code violations with specificity: "Defendant's stairway violated IRC § R311.7.8, which requires handrails on all stairs with four or more risers. This stairway had 12 risers and no handrail. This violation constitutes negligence per se."
Chronological treatment summary: ER visit, imaging, surgery (if applicable), physical therapy, ongoing treatment. Attach medical records, bills, imaging reports, physician narratives. Emphasize permanency if applicable.
Itemize with supporting documents:
Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement/scarring. Use plaintiff's declaration: "I can no longer walk up stairs without severe pain, limiting my ability to visit family or travel." Quantify impact on daily activities.
State total settlement demand: "Plaintiff demands $[X] to resolve all claims arising from this incident." Give deadline (30 days typical): "If no response by [Date], I will file suit in [County] [State/Superior] Court and pursue full damages plus costs and interest."
Address comparative negligence defenses: If defendant will claim open and obvious or misuse, preemptively distinguish: "While stairway defect may have been visible in daylight, incident occurred at night with inadequate lighting. Plaintiff had no reasonable means to observe 3-inch height differential in darkness."
Settlement posture: Apartment premises cases with clear code violations and serious injury settle for 4-7x specials. Disputed notice or soft-tissue injury may require litigation. Emphasize landlord's exposure: defense costs, negative publicity, potential for punitive damages if willful neglect.
Apartment premises liability cases often involve multiple parties with overlapping duties. Send demands to all potentially liable entities to preserve claims and maximize recovery options.
Ultimate responsibility for maintaining property rests with owner:
If landlord hired property manager to handle operations:
Management company defenses: Manager may claim they only collected rent and had no maintenance authority. Obtain copy of management agreement to refute this. Even limited management contracts impose some duty to inspect and report hazards to owner.
Commercial general liability (CGL) insurance covers premises liability claims:
In some cases, third parties share liability:
If landlord hired company to maintain grounds, shovel snow, or repair stairs, contractor may be liable for negligent work
If defect resulted from recent construction or remodeling, general contractor may be liable for defective work
In negligent security cases, hired security firm may be liable if failed to patrol or respond
If condo, HOA maintains common areas. Send demand to HOA board via certified mail to registered agent
Joint and several liability: In most states, multiple defendants can be held jointly and severally liable for plaintiff's full damages (subject to comparative fault allocation). Send demands to all potentially liable parties; let them allocate fault among themselves.
If plaintiff is a tenant:
Strategy tip: If landlord is unresponsive, send second demand with "failure to respond will be construed as denial, and suit will be filed immediately." This creates urgency and documents your good-faith attempt to settle.
Apartment premises liability settlements depend on injury severity, liability clarity, code violations, and defendant's insurance coverage.
Soft tissue/sprains: $10K-$50K
Fractures: $40K-$250K
Surgery required: $100K-$400K
Permanent disability: $200K-$1M+
Wrongful death: $500K-$5M+
Code violation + notice: Very strong
Prior complaints: Strong
Constructive notice only: Moderate
Disputed notice: Weak
Even with strong liability, open and obvious defense or plaintiff misuse reduces value. Anticipate 10-30% reduction if comparative negligence applies
Urban areas with tenant-friendly laws produce higher verdicts. Rural conservative jurisdictions may undervalue claims
Certified mail to all parties with 30-day response deadline
Landlord or insurer acknowledges, requests additional records, or denies liability. Landlords often deny initially, claiming no notice or tenant-caused hazard
Exchange counteroffers, provide supplemental medical records, conduct informal discovery (photos, witness statements). May involve mediation
If reasonable offer, execute settlement agreement and release. If impasse or unreasonable denial, file complaint in civil court
Settlement timing: Cases with clear code violations and serious injury often settle within 60-90 days. Disputed liability or soft-tissue injuries may require suit filing to get landlord's attention.
All settlements require:
Liens: Failure to satisfy Medicare, Medicaid, or ERISA health plan liens can result in personal liability. Always verify and negotiate liens before accepting settlement.
Consider litigation if:
Landlord liability policies typically have:
Excess policies: Large apartment complexes often have umbrella policies above primary CGL. If damages exceed $1M, investigate whether excess coverage exists. Demand preservation of all insurance information early.
I represent tenants, guests, and visitors injured in apartment common areas throughout the United States. My practice focuses on holding landlords and property managers accountable for negligent maintenance and code violations.
I visit the scene within days to photograph the hazard, measure dimensions, assess lighting, and interview witnesses. I send spoliation letters demanding preservation of maintenance logs, inspection records, prior incident reports, and surveillance video. This prevents landlord from destroying evidence or "repairing" the hazard after the fact.
I investigate whether landlord had actual notice (prior tenant complaints, maintenance requests, work orders) or constructive notice (hazard existed for extended period). I obtain sworn declarations from other tenants who observed the defect. If landlord created the hazard, I eliminate the notice requirement entirely.
I retain experts to inspect the property and identify building code violations (missing handrails, inadequate lighting, defective stairs, ADA violations). Code violations establish negligence per se, dramatically strengthening liability. I cite specific code sections in demand letters to demonstrate landlord's breach.
I work with your treating physicians to obtain detailed narratives, causation opinions, and prognoses. For serious injuries, I retain independent medical experts to provide evaluations and life care plans. I ensure all past and future medical expenses are fully documented and supported by expert testimony.
Apartment cases often involve multiple defendants: property owner, management company, maintenance contractors, and insurers. I identify all potentially liable parties and send demands to each simultaneously. This maximizes recovery options and creates pressure as defendants point fingers at each other.
I draft detailed demand letters combining legal analysis (duty, notice, breach, causation), persuasive narrative (how landlord's neglect harmed you), and complete damages documentation. I emphasize code violations, prior incidents, and litigation risks to pressure settlement. If landlord denies or lowballs, I'm prepared to file suit immediately.
Contingency fee representation: I handle apartment premises liability cases on contingency (typically 33.33% pre-litigation, 40% if suit filed). You pay nothing unless I recover compensation. Costs (experts, filing fees, depositions) are advanced and reimbursed from settlement or verdict.
Wet floors, icy walkways, uneven pavement, broken tiles, torn carpet
Missing handrails, broken stairs, inadequate lighting, code violations
Dark parking lots, hallways, stairways enabling falls or assaults
Drownings, slip-and-fall on deck, chemical burns, inadequate supervision
Assaults, robberies, break-ins resulting from broken gates, inadequate lighting, failure to hire security
Landlord liability for tenant's dog if landlord knew of dangerous propensity
I offer paid case evaluations for apartment premises liability claims. I'll review your incident details, analyze whether landlord had notice, identify code violations, and advise on case value and strategy.
Contact: Email owner@terms.law or use the calendar above to schedule a consultation. All consultations are confidential.
Liability depends on whether the stairs are considered a common area under landlord's control. If the stairs are exclusively for your unit and within your leased premises, landlord generally has no duty unless lease assigns maintenance to landlord. If stairs serve multiple units or are outside your exclusive control, they're a common area and landlord owes duty to maintain them safely. Review your lease to determine maintenance responsibilities, and document whether other tenants use the same stairs.
Lease provisions shifting snow removal to tenants may be unenforceable if they violate statutory landlord duties or habitability warranties. Many jurisdictions hold landlords have nondelegable duty to maintain common areas safely regardless of lease language. Additionally, if you're a guest (not the tenant responsible for snow removal), landlord cannot shift duty to you. Consult an attorney—landlord may be attempting to disclaim liability through an unenforceable lease clause.
Actual notice: Send written records of any complaints you or other tenants made about the stair (emails, texts, maintenance requests). Constructive notice: Document how long the defect existed (photos showing deterioration, rust, vegetation in cracks) and that it was obvious upon inspection. If landlord failed to conduct reasonable inspections, constructive notice exists even without actual complaints. In litigation, subpoena landlord's maintenance logs and prior incident reports to prove notice.
Yes. Landlords owe duty of reasonable care to all persons lawfully on the property, including tenants' guests and invitees. Your guest has independent standing to sue landlord for injuries caused by hazards in common areas. The guest doesn't need to be a party to the lease. Liability analysis is the same: landlord controlled common area, had notice of hazard, breached duty to maintain, and guest was injured as proximate result.
Broad waivers of liability for landlord negligence in residential leases are often unenforceable as against public policy. Courts disfavor landlords using superior bargaining power to disclaim basic duties. Specific exceptions: waivers may be enforced for inherently risky activities (rock climbing walls, extreme sports facilities) with clear, conspicuous language. For routine slip-and-fall or code violations, waivers are typically void. Consult an attorney—don't assume the waiver is valid.
This may contribute to comparative negligence, reducing your recovery by your percentage of fault. However, it doesn't bar recovery entirely in most states. Landlord still breached duty to maintain safe premises. If you had legitimate reason to be distracted (checking apartment number, texting landlord, reading delivery instructions), this mitigates comparative fault. Additionally, even distracted users are entitled to reasonably safe conditions—landlord can't create dangerous hazards and then blame victims for not watching every step.
Statute of limitations for premises liability varies by state, typically 2-3 years from date of injury. Some states toll (pause) the statute for minors until age 18. Missing the deadline permanently bars your claim. Don't wait—evidence deteriorates, witnesses forget details, and landlords may repair or destroy evidence. Consult an attorney within weeks of injury to preserve your rights and evidence.
No. Most states have anti-retaliation statutes prohibiting landlords from evicting, raising rent, or reducing services in retaliation for asserting legal rights. If landlord attempts eviction shortly after you file a claim, courts presume retaliation and shift burden to landlord to prove legitimate reason. Document the timeline: if eviction notice comes days/weeks after demand letter, this is strong evidence of retaliation. You may have claims for wrongful eviction, emotional distress, and punitive damages on top of your injury claim.