Back in the day when I rented one of my first apartments, the property didn’t even have laundry in the building. Now, rental properties are often competing against each other to provide the best amenities. For spaces that are available to all tenants, also known as “common areas,” questions can come up about who is responsible for maintenance and upkeep.
What Are Common Areas?
What are some examples of common “common areas”? Common areas are shared spaces and amenities for the use of all residents or tenants. Examples include:
- Dog parks, BBQ areas, laundry facilities
- Lounges and meeting rooms
In some buildings, there may be more enhanced amenities such as:
- Swimming pools, parks, and playgrounds
- Clubhouses and recreational facilities
Some buildings may have systems for reserving meeting rooms or clubhouses. After using these shared areas, you should clean up any garbage or personal items, tidy up after each use, and not dominate them too often and for too long. Residents can’t take over these spots or divide them up for the purely personal use of a single tenant. So, it’s important that all tenants are respectful of each other and the property. Use them during reasonable hours, be kind to those who are using the spaces at the same time, and don’t leave a mess.
The Responsibility of Maintaining Common Areas
While the landlord has a legal responsibility to keep common areas of the premises in reasonably safe condition, there are exceptions to this rule if a landlord can establish that damage to a common area of the premises resulted from a tenant or the tenant’s family, and/or guests' use of the common area. For example, if there is damage that goes beyond ordinary “wear and tear,” the tenant’s security deposit or any portion of the deposit may be withheld for that damage.
Common areas also include the basics of every property, which we all take for granted.
- Fencing, gates, and parking lots
- Lobbies, Mailboxes, Trash rooms
- Hallways and stairwells
The bottom line is that if an area is “common,” then all tenants can use it, and landlords are legally responsible for maintaining common areas in a safe condition. This includes taking reasonable measures to prevent criminal activity in these spaces and ensuring the physical upkeep of amenities like entrances, hallways, and shared facilities.
For pet-friendly buildings, all tenants and visitors should respect the safety and need for a calm environment by keeping their pets on leashes. While there may be designated areas, like a dog run or dog park, where pups can explore freely, responsible pet owners need to respect that pets should not be roaming the halls unleashed and unsupervised.
Liability and Safety Standards
Landlords and/or HOAs are responsible for maintaining common areas and can be held liable for injuries or other damages that occur in common areas if they occur as a result of poor or deferred maintenance. For this reason, tenants should report any concerns to management immediately – especially anything like broken glass or security issues.
Under state laws and regulations, property owners have a responsibility to ensure “reasonable care” of their residential property. The definition of “reasonable care” depends on the circumstances and may depend on the landlord's knowledge of the defect (or criminal activity) on the premises. For example, if the landlord knows, or should know, of criminal activity against persons or property in the common areas, they have a duty to take reasonable measures to eliminate the conditions contributing to the criminal activity. If there is serious criminal activity, the landlord can be held responsible. A court would examine whether the landlord had failed to take reasonable steps to protect tenant security. The review is strict, though, and a tenant has to show whether the landlord’s negligence increased the likelihood of any specific criminal activity that occurred.
Common Area Trash Management and Dealing with Pests
The regular maintenance of trash-rooms can be essential for the cleanliness of the building overall. As we all know, stray food and debris can be a magnet for pests. Both landlords and tenants can all agree that no one wants these uninvited guests!
At one of our vacation rental properties, there is an even more serious issue around trash and unwelcome visitors. We have a cabin in the Poconos located in a small village next to a local ski resort. Throughout the village, all the properties have “trash closets” adjacent to the front door. With the surrounding forest, there is a lot of local wildlife.
While the occasional fox or raccoon may be an unwanted nuisance, there is a bigger issue when it comes to bears. For this reason, we have strict rules about the storage of food both inside and outside. Throughout the community, there is a ban on bird feeders, and residents are not allowed to leave trash, pet food, or any trash bags outside.
We leave instructions for all guests, and we maintain bear-proof trash cans. At our cabin, we even have floodlights that are motion-activated as another tool to discourage nightly visitors. Nonetheless, we have seen a mama bear with three cubs walking up to our front porch in order to access our trash closet. We have a responsibility to ensure that the closet is secure and to maintain safety. At the same time, our guests have a responsibility to follow our rules and make sure that there isn’t any trash left in the outdoor areas.
For all these safety reasons, it is fair for both a landlord and tenant to use modern technology such as wifi cameras and doorbells to monitor the exterior spaces. These tools can offer greater peace of mind as well as a record of activity. Whether a package gets delivered at the wrong location or something more serious happens, these technologies can eliminate the guessing and provide undisputed evidence.
In the End...
For property owners, the maintenance of these common areas is not just a liability – it can also be an opportunity for equity. Beyond potential success on lease renewals with tenants, the ongoing condition and maintenance of these spaces can have a significant impact on property values and appreciation.
