Fell at Your Apartment Complex? When the Landlord Is Liable
If you fall at an apartment complex, the landlord may be responsible when the fall happened in an area the landlord controls, such as a shared hallway, stairway or walkway, and the landlord knew or should have known about the hazard and failed to fix it in a reasonable time. Landlords are generally less responsible for conditions inside space the tenant controls. State landlord-tenant statutes also require landlords to keep common areas and building parts in repair. The rules differ by state, so check the slip-and-fall page for your state.
What the law says
- Landlord liability for falls is state law and differs by state. New Jersey's official jury charge is a typical example: a landlord has a duty to inspect, maintain and repair all parts of the property under its control, including the common areas, and must use reasonable care to guard against foreseeable dangers. The landlord is not an insurer of tenants' safety; it must keep the property reasonably safe for tenants and their guests. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (New Jersey): to hold a landlord liable for a defect, the injured person must establish (1) the property was in a defective condition, (2) the landlord knew or should have known of it before the injury, (3) the landlord then failed to act reasonably, and (4) the landlord's negligence was a proximate cause of the injury. A landlord "should have known" of a defect a reasonable inspection would have revealed. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (New Jersey): a landlord cannot avoid its duty by hiring an employee or an independent contractor to do the maintenance or repairs; if that worker failed to use reasonable care, the landlord is still liable to the tenant or guests. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (Illinois): if a landlord keeps control of part of the property, it must use ordinary care to keep that part reasonably safe; a landlord generally is not liable for a defect in space leased to and controlled by the tenant. Exceptions include where the landlord expressly agreed to keep the premises in repair or took on maintenance by its conduct. Illinois Appellate Court, Nunez v. Diaz, 2017 IL App (1st) 170607
- Example (Illinois): in a 2017 case, a tenant fell on a staircase that served only her second-floor unit. The appellate court said that whether the landlord controlled the stairway was a question for the jury, pointing to factors such as who made repairs, who controlled the lighting, and who used the stairs, and it reversed the judgment for the landlord. Illinois Appellate Court, Nunez v. Diaz, 2017 IL App (1st) 170607
- Example (Florida): unless agreed otherwise in writing, a landlord of a unit other than a single-family home or duplex must make reasonable provisions for keeping common areas in a clean and safe condition, and the landlord must comply with applicable building, housing and health codes (or, where none apply, keep structural parts such as floors in good repair). The landlord is not responsible under this law for conditions caused by the tenant's own negligent or wrongful act, or that of family or guests. Fla. Stat. § 83.51 (landlord's obligation to maintain premises)
- Example (New York): every multiple dwelling, including every part of it and the lot it sits on, must be kept in good repair. The owner is responsible, but a tenant can also be liable if a violation is caused by the tenant's own willful act or negligence, or that of family or guests. N.Y. Multiple Dwelling Law § 78 (Repairs)
- Example (New York): in every residential lease, the landlord warrants that the premises and the areas used in common with other tenants are fit for human habitation and that tenants will not be subjected to conditions dangerous to their life, health or safety. A lease clause waiving this protection is unenforceable. N.Y. Real Property Law § 235-b (warranty of habitability)
- Example (New Jersey): the state's jury charge cites a case in which flattened wet leaves were on apartment steps for at least a day; a jury could find the landlord would have seen them had it done its inspection duty. New Jersey Model Civil Jury Charge 5.20F, Duty Owed - Condition of Premises (rev. 11/2022)
- Example (New Jersey): in a case where a lease clearly made the tenant solely responsible for maintaining and repairing the area where the plaintiff fell, the landlord had no ongoing duty to inspect it (Geringer v. Hartz Mountain Development Corp., 2006). New Jersey Model Civil Jury Charge 5.20F, Duty Owed - Condition of Premises (rev. 11/2022)
- If you live in HUD-assisted multifamily housing, HUD says residents have the right to decent, safe and sanitary housing and to have repairs made in a timely manner upon request, and residents are responsible for reporting defects in the apartment, grounds or related facilities to management. HUD lists its Multifamily Housing Clearinghouse, 1-800-685-8470, to report maintenance or management concerns. U.S. Department of Housing and Urban Development, Resident Rights & Responsibilities (Office of Multifamily Housing Programs)
- Deadlines differ by state. Example (Illinois): a lawsuit for injury to the person must be filed within 2 years after the claim accrued. See the personal injury statute of limitations by state chart. 735 ILCS 5/13-202
FAQ
Is my landlord responsible if I fall inside my own apartment?
Usually less often than in common areas. In Illinois, a landlord generally is not liable for a defect in space leased to and controlled by the tenant, unless, for example, the landlord agreed to keep it in repair or took on maintenance by its conduct. Rules differ by state.
What counts as a common area?
Areas the landlord keeps control of, such as shared hallways and stairways. Illinois courts look at where a stairway leads, who uses it, the lease terms, and who is responsible for repairs, maintenance and lighting.
My guest fell at my apartment complex. Does the landlord owe them a duty too?
In New Jersey, the landlord must keep property under its control reasonably safe for the use and enjoyment of tenants and their guests.
Does the landlord have to know about the hazard?
Generally yes. In New Jersey the landlord is liable only for defects it knew or should have known about before the accident, meaning defects a reasonable inspection would have found. The charge notes an exception when the landlord created the defect.
Can my lease say the landlord is never responsible?
In New York, a lease clause waiving the tenant's warranty-of-habitability protections is unenforceable as against public policy. Other states treat lease terms differently.
What if I was partly to blame for the fall?
In Illinois, a plaintiff whose fault is more than 50% of the cause recovers nothing, and a plaintiff 50% or less at fault recovers damages reduced by that share. Other states differ; see the slip-and-fall page for your state.
Related
- Fell Down Stairs on Someone's Property: Who Is Liable?
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Injured Because a Landlord Didn't Make Repairs: Your Rights
- Fell in a Parking Lot: Who Is Responsible?
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.