Are Landlords Responsible for Keeping the Apartment Safe?

Short Answer? It Depends. 

Depending on the circumstances, your landlord may be responsible for keeping the premises safe. Let’s say that there’s a bunch of ice that routinely builds up on your stairs during the winter, and it’s so bad that multiple people were hospitalized last winter after slipping and falling on the ice. Though many people have been painfully inconvenienced by this ice, your landlord hasn’t even bothered to salt it. In this scenario, your landlord very well may be liable—and likely would be liable—because they knew (or reasonably should have known) that the ice was a problem, and they failed to take reasonable precautions to reduce the chances of injury. 

Whose Problem Is It? 

Whether or not your landlord is liable for the injuries will depend on whose negligence caused the injury, and the type of “dangerous condition” that caused your injury. For example, if you leave moldy food around the apartment, and the spores get into the air and make you sick, your landlord is not responsible. A lot of that is because you left the food out and you could have easily picked it up and cleaned up the mold before you got sick. The ice, on the other hand, is the landlord’s responsibility. The landlord doesn’t have a legal obligation to clean up your apartment while you’re living there. But they do have an obligation to ensure the premises in and around your property are safe, and that there aren’t any slip-and-fall risks on the public areas of their rental properties. 

Does Your Landlord Know? 

Obviously, a landlord can’t be held liable for conditions that you caused, but what about conditions that you didn’t cause? What if you notice that water is leaking on the walls? You tell your landlord about it, but your landlord doesn’t do anything. A few months go by and mold begins to grow on your walls. Unfortunately, this mold makes you sick. In this case, your landlord would likely be liable for your injuries because they knew that there was water leaking and they knew that mold was growing, but they didn’t do anything to prevent you from becoming sick. f you have a dangerous condition inside your rental, you need to tell your landlord, ideally in writing so that if they fail to take care of the condition, and you are injured as a result, you will be more likely to be successful. In some jurisdictions you must prove that your landlord knew or should have known about the dangerous condition, particularly if it’s “temporary” in nature—like ice buildup. Some states may also hold a landlord liable regardless of if they had notice, particularly if the dangerous condition is “permanent” in nature. In those circumstances, the law will attribute notice to the property owner simply by virtue of owning the property. 

When the Tenant Is at Fault 

Premises liability is a concept in personal injury law. Under premises liability, property owners are responsible for ensuring that the premises is safe for guests and implied invitees. Premises liability applies to both residential and commercial properties. If you’re renting, you don’t own your home the same way that the landlord owns your home.  However, you are “borrowing” the space. Think of it like a leased car from a dealership: if you cause a car crash while driving that car, you can’t sue the dealership for an accident that you caused due to your negligence. Similarly, you can’t sue your landlord for injuries that occur on your leased property due to your negligence. Here’s an example: if you spill something in your kitchen, and you don’t clean it up before your guests come over, and your guest slips, falls, and breaks their hip, you can’t sue your landlord for that. After all, your landlord didn’t make your property unsafe, you did, by leaving soda on the floor.  

When Other Tenants Are Injured 

Other tenants can cause other tenants’ injuries as well. For example, if one tenant is suffering from hoarding disorder and a mold infestation has begun, determining fault may be difficult.  While your neighbor would almost certainly have some liability, your landlord may have some liability too—especially if the landlord had reason to believe that there was an issue but failed to act. Many landlords do periodic inspections to ensure that rental units are in good condition. So, if the landlord knew of the condition of the apartment, but didn’t do anything to remedy the situation, the landlord may be liable too. If you have been injured due to a negligent landlord, we may be able to help. Contact Moxie Law Group today for a free consultation.