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:
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:
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:
Leaks create both slip hazards and long-term structural and health risks:
Inadequate lighting in common areas creates trip hazards and increases crime risk:
Exterior common areas are frequent sources of apartment injury claims:
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:
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:
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:
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:
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:
Non-economic damages:
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:
Disadvantages:
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.