Landlord Liability in DC

Landlord’s Duty of Reasonable Care

“[T]he Housing Regulations impose only a duty of reasonable care upon owners of rental property.” (See Childs v. Purll (2005) 882 A.2d 227, 235-36; Scoggins v. Jude (1980) 419 A.2d 999, 1005.)

“[A] landlord has a duty to use reasonable care to keep safe those common areas of the building retained under his control.” (See Graham v. M & J Corp. (1980) 424 A.2d 103, 105; Odumn v. United States (2020) 227 A.3d 1099, 1106 n.5.)

“Similarly, we have stated as a general proposition that [t]he Housing Regulations do not impose immediate and unconditional liability upon a landlord for code violations but, instead, contemplate sanctions only if repairs are not effected after actual or constructive notice of the defect reaches the landlord. But [s]uch notice need not be given by the tenant, nor by "official notice of a violation from the municipal authorities, if the landlord, in the exercise of reasonable care, could have become aware of the defective condition.” (See Childs v. Purll (2005) 882 A.2d 227, 235-36; George Washington University v. Weintraub (1983) 458 A.2d 43, 47-48.)

“Thus, a landlord's duty is to exercise reasonable care to maintain rental premises in compliance with the housing code.” (See id.)

“Generally speaking, a landlord who fulfills that duty may not therefore properly be held liable to a tenant for losses that arise from defective conditions he neither knew of nor had reason to know about or that could not be foreseen or prevented.” (See id.)

Burden of Proof and Standard of Review for Landlord Liability

“A landlord must exercise reasonable care to maintain rental premises in compliance with the housing code in order to fulfill the implied warranty of habitability.” (See George Washington University v. Weintraub (1983) 458 A.2d 43, 49.)

“In setting this standard we contemplate that before a landlord may be held liable for breach of the warranty he must have notice, actual or constructive, of defective conditions that constitute a breach.” (See id.)

“A landlord who exercises reasonable care may not therefore properly be held liable to a tenant for losses that arise from defective conditions he neither knew of nor had reason to know about or that could not be foreseen or prevented.” (See id.)

“The burden is upon the landlord to show lack of notice.” (See id.)

Legal Precedents and Case Law on Landlord Liability

“[I]t is settled that a landlord's duty to those persons legally on the premises is to use reasonable care with respect to those portions of a building over which he retains control.” (See Ramsay v. Morrissette (1969) 252 A.2d 509, 511.)

It is also well settled that a “landlord is not liable for injury to a third party on leased premises, even if he is on notice of the danger, unless he has retained sufficient control to create a duty on his part to exercise due care in maintaining the area.” (See Campbell v. Noble (2008) 962 A.2d 264, 268; Settles v. Redstone Development Corp. (2002) 797 A.2d 692.)