When a Landlord’s Negligence Causes Injury — What Renters Can Do

Landlord negligence that causes injury on a rental property can be very frustrating. Getting injured due to the negligence or recklessness of the landlord or property manager is upsetting. As a tenant, you pay an exorbitant amount of money to rent an apartment unit, house, or townhome. With that rent comes the expectation that problems like broken stairs, handrails, cracked concrete, or loose doors will be inspected and fixed. But when it doesn’t happen, and it causes a bad injury, a great Michigan landlord-tenant injury lawyer will fight for you.

What Causes of Action Can I File Against a Landlord for Personal Injury?

When a personal injury occurs on a rental property, there are two different claims you can make as a tenant. The first is a general premises liability case. The second is a lawsuit alleging a violation of the landlord-tenant statute, MCL 554.139.

What is a premises liability case?

A premises liability case is a negligence claim against a landowner for failing to fulfill their responsibility to keep the premises safe. These cases include slip-and-falls, trip-and-falls, and similar injuries caused by a defective condition on the land. All negligence cases involving a tenant require the landlord to owe a duty of reasonable care to protect the tenant from an unreasonable risk of harm caused by a dangerous condition of the land.

A standard premises liability case also requires the tenant and guests to prove the landlord or premises owner knew or should have known of the dangerous condition, but failed to warn their tenants or otherwise protect them. This is called notice.

What is a landlord-tenant case?

A landlord-tenant personal injury claim is a negligence claim against the landlord or property owner for failing to comply with MCL 554.139. In other words, it is an allegation that the landlord violated a statute. The statute gives specific protections to tenants and renters. MCL 554.139(1) says:

In every lease or license of residential premises, the lessor or licensor covenants:

(a) That the premises and all common areas are fit for their intended use by the parties

(b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants wilful or irresponsible conduct or lack of conduct.

MCL 554.139(3) states that the provisions of MCL 554.139 shall be liberally construed.

What Does the Landlord-Tenant Statute Mean?

In layperson’s words, the landlord-tenant statute requires a landlord to maintain the property in a condition that renders it fit for its intended use. In other words, a sidewalk or walkway should be in reasonable repair and fit for its intended use of allowing people to walk from one part of the property to another. Or a staircase should be in reasonable repair so that a person can walk up or down the steps without injury.

Does the Landlord-Tenant Law Have a Notice Requirement Like Premises Liability Cases?

No. This is a significant difference between a premises liability claim and a claim under MCL 554.139. In a premises liability case, a renter or tenant must prove the property owner knew or should have known about the icy conditions, the broken step, or the loose handrail. However, no notice is required for liability under MCL 554.139.

This was recently decided in McNeal v. Lincolnshire 2007 Limited Dividend Housing Association, LLC, (docket no. 370549, published 10/23/2025). In McNeal, the plaintiff fell when a patio step collapsed without warning, resulting in a right ankle injury. The plaintiff had never encountered the broken patio step before, and there was no evidence that the landlord or property manager knew about it. The renter sued the landlord for her personal injuries. The landlord sought to have the case dismissed, but the trial judge in Wayne County denied the motion. The landlord appealed.

The Court of Appeals upheld part of the trial court’s ruling, but reversed another part. The plaintiff had filed two separate counts against the landlord. One count was for premises liability, and the other was a violation of MCL 554.139. The Court of Appeals held that the trial court erred and should have dismissed the premises liability count against the landlord. This was because the landlord was unaware of the defective patio step.

However, the Court upheld the trial court’s decision to allow the plaintiff’s statutory violation claim to continue. The Court held that, under MCL 554.139, the statute does not require notice of the defect to the landlord. Therefore, no notice is required for liability under MCL 554.139. In other words, the landlord has a duty to inspect and ensure the property is in reasonable repair at all times.

What Should I Do If I am Injured On a Rental Property?

There are several things you should do if you are injured on a rental property. And this pertains to both tenants and guests.

1. Go to an urgent care, hospital, or seek medical treatment. This is obvious, but you don’t want a small problem to become a big one. Let medical professionals diagnose you and provide a treatment plan.

2. Take photos or pictures of the defective condition. It is important to document what was wrong and how you got injured. Pictures tell 1,000 words. They also prove to the judge and the jury that the injury happened, as you said it did.

3. Take a video of the defective condition. Same reason as given above. But videos can do a better job of showing dangerous situations, like a shaky staircase, wobbly steps, or slippery black ice.

4. Let the manager or landlord know about the injury. Don’t hide what happened. Tell the landlord or manager, or call the property manager, about the incident.

5. Call an experienced Michigan slip and fall lawyer. Don’t talk to the insurance company for the landlord or property owner. Call a lawyer instead. The insurance company will try to get a recorded statement and get you to say things that minimize your case. A skilled personal injury lawyer won’t let that happen and help you get compensation.

How Long Does a Renter Have to Sue for Personal Injury Damages in Michigan?

In almost all situations, a tenant has three years from the date of the injury to file a lawsuit in Court. This is referred to as the statute of limitations. If you fail to file a lawsuit within that period of time, you forever lose your right to obtain compensation for injuries against the negligent landlord or any other proper defendants.

This time period is different for minors. Typically, a minor has more time to file a lawsuit. In Michigan, a minor has until their 19th birthday to file a personal injury lawsuit.

What are Examples of Landlord Negligence?

Many conditions in a rental property can eventually become unreasonably dangerous and lead to injury. However, in general, the typical examples of hazardous conditions that lead to bad injuries on a rental property include:

• A porch that is rotting and decaying.
• Defective steps or staircases, such as rotting wood or broken cement steps.
• A handrail that is missing nails and screws and is not adequately fastened to the wall.
• Failing to provide adequate lighting in an apartment complex or refusing to repair broken lights and burned-out light bulbs.
• Failing to salt or plow when ice and snow accumulate on a sidewalk, steps, or the parking lot.
• Water damage that causes a ceiling to collapse or flooding in the basement.

It is essential to consult a Michigan law firm that specializes in landlord negligence and tenant injury. The Michigan rental property injury lawyers should be able to explain your rights and whether or not you have a case for the injuries you sustained.

Schedule a Free Consultation with a Michigan Landlord-Tenant Attorney

The experienced attorneys at the Lee Steinberg Law Firm have represented renters and tenants injured due to landlord negligence for over 50 years. If you have been seriously injured due to a slip and fall, trip and fall, or other incident on a rental property, we can help. 
Please contact our premises liability injury attorneys at 1-800-LEE-FREE (1-800-533-3733) or complete a contact form . And remember, you there are no fees or costs until we settle your case.