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Last updated 03/12/08
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Common Area Responsibility Tips from the Experts on Concerns about Crime in the Area The general rule in Maryland is that the landlord has a responsibility "to use reasonable diligence and ordinary care to keep the portion (of the premises) retained under his control in reasonably safe condition." Scott v. Watson, 278 Md. 160, 165 (1976). This rule applies to defects in the common areas and to criminal acts committed in the common areas under landlord's control. In Scott v. Watson, the plaintiff's father was murdered in the underground parking garage of the apartment building where he was a tenant. The court stated that the landlord has a duty to "exercise reasonable care for the tenant's safety." Id. at 167. What is reasonable care depends on the circumstances, such as the landlord's knowledge of the extent of criminal activity on the premises. The court said that "if the landlord knows, or should know, of criminal activity against persons or property in the common areas, he then has a duty to take reasonable measures, in view of the existing circumstances, to eliminate the conditions contributing to the criminal activity." Id. at 169. The landlord would be held responsible if his negligent failure to take certain steps to protect the tenant's security "enhanced the likelihood of the particular criminal activity which occurred." Id. Last date legally reviewed: 3/12/08 Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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