Landlord liability generally falls into 5 major buckets:

Premises & Physical Safety
Maintenance & Habitability
Legal / Regulatory / Fair Housing
Financial & Insurance Exposure
Operational & Management Risks

1. Premises & Physical Safety (Biggest Lawsuit Risk)

A. Slip, Trip & Fall Hazards (MOST COMMON)

Examples

Uneven concrete, cracked sidewalks
Loose tiles, torn carpet
Wet floors, leaks, pooling water
Poor lighting in walkways or stairs
Unsecured rugs

Who gets hurt

Tenant
Guest
Delivery driver
Maintenance vendor

Injuries

Broken hips (very common for seniors)
Back injuries
Head trauma
Wrist/ankle fractures

Landlord liability if

You knew or should have known
The condition existed long enough to be discoverable
The hazard wasn’t repaired or warned about

B. Staircases, Railings & Balconies

Examples

Loose or missing handrails
Rotten balcony wood
Improper stair height
Wobbly steps

Injuries

Falls from height
Paralysis
Fatal injuries (yes—this happens)

High-risk note

👉 Balcony failures are catastrophic lawsuits (often 7 figures)

C. Doors, Windows & Locks

Examples

Broken locks
Doors that don’t latch
Windows that won’t stay open
Jammed sliding doors

Liability

Tenant injury (pinched fingers, glass breaks)
Crime exposure (burglary, assault)

If a tenant is assaulted because locks weren’t functional, landlords can be sued for negligent security.

D. Pools, Spas & Water Features (EXTREME RISK)

Examples

No self-latching gates
Broken pool fences
Missing drain covers
No signage
Slippery decks

Injuries

Drowning (especially children)
Brain damage
Slip injuries

Important

👉 Even unauthorized use does not automatically protect the landlord.

E. Electrical Hazards

Examples

Exposed wiring
Non-GFCI outlets near water
Overloaded circuits
DIY electrical work

Injuries

Electrocution
Burns
Fires

F. Fire Hazards

Examples

No smoke detectors
Non-working smoke/CO alarms
Blocked exits
Improperly installed heaters
Dryer vent buildup

Injuries

Smoke inhalation
Burns
Death

Failure to provide working smoke detectors is automatic negligence in most jurisdictions.

2. Maintenance & Habitability Liability

A. Plumbing & Water Issues

Examples

Leaks causing mold
Hot water heaters malfunctioning
Scalding hot water
Sewer backups

Injuries

Burns
Slip injuries
Respiratory issues (mold)

B. Mold & Air Quality

Examples

Long-term leaks
Poor ventilation
Hidden wall moisture

Claims

Respiratory illness
Allergic reactions
Asthma exacerbation

Even if mold isn’t proven

👉 Defense costs alone can be huge.

C. HVAC & Temperature Control

Examples

No heat in winter
No AC in extreme heat climates
Broken furnaces

Risks

Heat stroke
Hypothermia
Medical complications for elderly tenants

D. Pest Infestations

Examples

Bed bugs
Rodents
Cockroaches

Liability

Health claims
Property damage
Habitability violations
Rent withholding lawsuits

3. Legal & Regulatory Liability

A. Fair Housing Violations

Examples

Discrimination (intentional or accidental)
Improper screening criteria
Unequal enforcement of rules
Retaliation claims

Penalties

Federal fines
State penalties
Attorney fees
Emotional distress damages

👉 Even wording in emails/texts can create exposure.

B. Wrongful Eviction / Lockouts

Examples

Shutting off utilities
Changing locks
Harassment to force move-out

Liability

Triple damages in some states
Attorney fees
Civil penalties

C. Privacy & Entry Violations

Examples

Entering without notice
Excessive inspections
Improper emergency claims

Claims

Harassment
Quiet enjoyment violations

D. Security Deposit Mishandling

Examples

Late return
Improper deductions
Missing documentation

Exposure

Double or treble damages
Automatic penalties

4. Financial & Insurance Exposure

A. Insufficient Insurance Coverage

Common mistakes

Low liability limits
No umbrella policy
Not naming PM as additional insured
No landlord policy (using homeowners)

Reality

One injury can exceed $1M

B. Tenant Personal Property Claims

Tenants may try to blame landlord for:

Flood damage
Fire damage
Appliance failures

Even if not liable, you still defend the claim.

C. Vendor & Contractor Injuries

Examples

Unlicensed vendors
No workers comp
Injuries on site

Result

👉 Injured vendor sues landlord directly

5. Operational & Management Risks (Silent Killers)

A. Failure to Document

Examples

No inspection photos
No maintenance logs
Verbal approvals
Missing notices

Result

“He said / She said” lawsuits
Owner loses by default

B. Deferred Maintenance

Common mindset

“It still works, let’s wait.”

Reality

Minor issues become major injuries
Jury sees negligence

C. Tenant Behavior (Landlord Still Gets Named)

Even if tenant causes it:

Fires from candles
Blocked exits
Hoarding
Unauthorized modifications

Landlord is often named first, then fault is sorted later.

High-Risk Areas Owners Commonly Ignore

These trigger lawsuits disproportionately often:

Trees over 5–6 feet (falling limbs)
Balcony wood rot
Sliders & glass doors
Water heaters (straps, pressure valves)
CO detectors
Garage door springs
Uneven concrete
Poor exterior lighting
Pool compliance
Mold from “slow leaks”

Bottom Line (Blunt Truth)

Being a landlord means:

You don’t need to be “wrong” to get sued
You just need someone injured
Insurance is your last line of defense, not your first

The safest landlords:

Fix things early
Document obsessively
Use licensed vendors
Carry high liability + umbrella coverage
Enforce rules consistently
Treat every inspection as if a jury will see it

Why Landlords Carry Significant Liability

Owning a rental property comes with legal responsibilities that go beyond collecting rent. As a landlord, you are responsible for providing a safe, habitable environment for tenants, guests, vendors, and anyone legally on the property.

Even when a landlord does “nothing wrong,” injuries can still result in lawsuits, insurance claims, and financial exposure.

Common Ways Landlords Are Exposed to Liability

Physical Injuries

Slip and fall accidents (uneven concrete, wet floors, poor lighting)
Stair, railing, or balcony failures
Pool and spa accidents
Burns from hot water or faulty appliances
Electrical shock or fire-related injuries

Health & Habitability Claims

Mold from leaks or moisture
Poor air quality or HVAC failures
Pest infestations
Lack of heat or cooling in extreme weather

Security & Safety Issues

Broken or inadequate locks
Inadequate exterior lighting
Unsecured gates or fencing

Legal & Financial Risks

Fair Housing complaints
Wrongful eviction or improper notices
Security deposit disputes
Vendor or contractor injuries on site

Our Role as Your Property Manager

Our goal is to:

Identify risks early
Recommend preventative repairs
Document conditions thoroughly
Protect both you and the property