I fell in my apartment building. Can I make a claim against my landlord?

Often, yes. Massachusetts landlords must use reasonable care to keep common areas safe, including stairways, hallways, entrances, porches, parking lots, and walkways. If you fell because of a hazard the landlord knew about, or should have found and fixed, you may have a claim.

Common areas vs. inside your apartment

Landlords are responsible for the areas they control, which usually means everything outside the individual units. Inside your own apartment is harder, but not impossible. If you reported an unsafe condition in writing, like a broken step, a loose railing, or a light that doesn't work, and the landlord didn't fix it in a reasonable time, Massachusetts law can hold the landlord responsible. Guests who fall on the property can have claims too.

Common landlord cases

• Broken, uneven, or crumbling stairs
• Missing or loose handrails
• Burned-out lights in stairwells and hallways
• Icy steps, walkways, and parking lots. See I slipped on ice or snow. Do I have a case?
• Roof or pipe leaks that leave floors wet
• Torn carpet or loose floor tiles

"My lease says the landlord isn't responsible"

In Massachusetts, a lease clause that tries to excuse a landlord from their own negligence is not enforceable. Some leases for single-family homes do make the tenant handle snow removal, which can change who is responsible, so bring your lease when you talk to a lawyer.

Worried about your landlord relationship?

Massachusetts law protects tenants from retaliation for reporting unsafe conditions. And in most cases, an injury claim is paid by the landlord's liability insurance, not out of the landlord's pocket.

What to do

1. Take photos of what made you fall and the area around it.
2. Report the fall to the landlord or management in writing. A text or email works, and keep a copy.
3. Gather any earlier complaints you or your neighbors made about the same problem.
4. See a doctor and keep your records.
5. Don't sign anything from the landlord's insurance company before getting advice.

For falls at other kinds of property, see our premises liability page.

Get a Free Consultation

Hurt in a fall at your apartment building? Call Attorney Daniel A. Pava at 413-781-8700 for a free, confidential review. More on our Springfield slip and fall lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103