Winter weather presents challenges for tenants, particularly when snow and ice accumulate in common areas. Ensuring safety in these spaces is essential, and tenants have the right to expect their landlord to take appropriate measures. Understanding tenant rights regarding snow and ice removal can help residents advocate for a safer living environment and hold landlords accountable.
Landlord’s Legal Obligations
Landlords are legally required to maintain common areas in a safe condition. This may include shared spaces such as sidewalks, parking lots, stairways, and entryways. If they fail to do so, tenants or visitors injured due to untreated snow and ice may have grounds for legal action. Landlords may be liable if they have reason to expect the tenant will encounter known or obvious dangers. Iwai v. State, 129 Wn.2d 84, 915 P.2d 1089 (1996). For example, if encountering snow or ice is the only way to exit their apartment, then a landlord could be held liable.
This is not universal. In Washington, there is a legal concept called implied assumption of risk. Simply put, if a guest or tenant knew of the risk of snow and ice, and voluntarily encountered the risk, then the landlord may not be liable. The Court of Appeals ruled in favor of the landlord when a tenant was injured while crossing an icy parking lot. Hvolboll v. Wolff Co., 187 Wn. App. 37, 347 P.3d 476 (2015).
Steps Tenants Can Take
If common areas remain unsafe due to snow and ice, tenants can take the following steps to address the issue:
Report the Hazard – Notify the landlord or property manager as soon as possible if common areas are not being maintained. An important component of landlord liability is whether the landlord knew or should have known of the hazard.
Document the Condition – Take photos or videos of the hazardous area to keep a record of the issue.
Check Local Laws – Research municipal regulations regarding snow and ice removal to understand the landlord’s obligations.
Communicate with Other Tenants – Work together to ensure the landlord is held accountable for timely snow removal.
Consider Legal Action – If the landlord fails to address the issue, tenants may be able to file a complaint with local authorities or take legal action for negligence.
Consequences of Landlord Negligence
When landlords fail to remove snow and ice in common areas, they may be held liable for any resulting injuries. Tenants or visitors who suffer harm due to unsafe conditions may seek compensation for medical expenses, lost wages, and other damages.
* * *
Determining landlord liability for injuries caused by snow or ice can be complicated. If you’ve been injured from slipping on snow or ice at your rental home or apartment, contact us for a free, no-obligation consultation. We have successfully pursued claims against landlords and are eager to help you receive the compensation you deserve.