Question

Monica rents a one-bedroom apartment. Because she does not own the property, does this mean she is not liable for any injuries that might occur in her home? Give an example of a situation where she would be responsible. How should she cover her potential liability as a renter? (home insurance for renters, HO-4)

Answer 1

If a property is not rented out or otherwise occupied, the owner is a potentially liable party. However, even with a tenant or other occupier on the property, an owner can still be liable (in whole or in part) in several situations.

First, an owner can be liable for injuries occurring on any part of the property over which the owner has retained control. For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner will probably be held liable.

An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner’s responsibility.

If the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant. Finally, if a lease or ordinance doesn’t make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition? However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant’s control of the property.

Example 1: A tenant invites a guest to her apartment. A puddle has formed inside the tenant’s apartment next to the tenant’s umbrella stand. The guest slips and falls because of the puddle, and is injured. Because the injury occurred in the tenant’s apartment and the puddle was caused by the tenant’s own umbrella stand (which the tenant controls), the tenant will be liable to the guest.

Example 2: A tenant invites a guest to her apartment. At the main entrance to the apartment building, the guest slips on a puddle that has formed next to an umbrella stand provided by the owner-landlord. The landlord will probably be held liable for the guest’s injuries.

Example 3: A grocery business owner runs his store in a leased building. A customer slips on a puddle of milk and is injured. The business owner is liable to the customer.