Landlords are generally liable for injuries in common areas under their control, for latent defects known at leasing and not disclosed, for negligent repairs undertaken, and for conditions violating housing codes.
Liability for conditions within a leased premises is more limited.
Alternative Names:
Lessor Liability, Landlord Premises Liability
Why it Matters?
Control is the organizing principle, since a landlord is responsible for what it retained control over and generally not for conditions within a tenant's exclusive possession. Common areas, structural elements, and building systems remain the landlord's. Housing code violations create an independent path in many jurisdictions, and repair records showing notice of a defect are the evidence that decides most of these cases.
Frequently Confused with
Related terms
Frequently asked questions
What is the landlord responsible for?
What determines responsibility for a condition?
