What if damage results from problems in the common areas?

The landlord must keep that part of a building under the landlord's control in a safe condition for use by all of the tenants. Failure to do so makes the landlord responsible for resulting injuries to people and damage to their property. For example, a water pipe that is part of the heating system of the apartment building is in the exclusive control of the landlord. It burst and caused water to come through the floor of a tenant's apartment.

The landlord was under a duty to keep the pipe in reasonably safe condition. The landlord's failure to inspect and repair the pipe after receiving notice of defective condition was negligent. The landlord is liable for damage to the tenant's personal property.

Show All Answers

1. Who is responsible for repairs?
2. Can a tenant make repairs and deduct the cost from rent?
3. What if the tenant is injured by an unsafe condition in the unit?
4. What if damage results from problems in the common areas?
5. What can the tenant do if the unit falls into disrepair?
6. Are gas-related repairs treated differently?