Is a Landlord Liable When You’re Injured in a Rental Building’s Common Area?

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It can be, under the general premises statute rather than landlord-tenant law. The Supreme Court of Georgia held in Cham v. ECI Management Corp. (2021) that a landlord’s tort liability “is determined by the area where that danger lurks”: for a common area the landlord still possesses, O.C.G.A. § 51-3-1 applies; for space handed over to a tenant, § 44-7-14 applies. How much care was owed then depends on whether the injured person was an invitee or a licensee, and a tenant’s guest is not automatically an invitee.

Which statute applies

Where the danger was Statute Landlord's exposure
Common area the landlord possesses (parking lot, hallway, stairwell, laundry room) § 51-3-1 et seq. The duty owed to invitees, or the lesser duty owed to licensees (§ 51-3-2)
Inside space fully leased to a tenant § 44-7-14 Only for "defective construction" or "failure to keep the premises in repair"; not for "the negligence or illegal use of the premises by the tenant"

Cham put it directly: “If the dangerous condition that ultimately causes an injury is located in an area the landlord still possesses, then liability under OCGA § 51-3-1 et seq. applies, and OCGA § 44-7-14 does not apply by its own terms”.

A tenant’s guest may be a licensee

In Cham, a man staying with his girlfriend in her apartment was shot and killed during an armed robbery in the complex’s parking lot, a common area. The jury returned a verdict for the owner and manager. The Supreme Court held that the trial court did not err by instructing the jury on the duty owed to a licensee, because there was evidence supporting that theory even though he was a guest of a lawful tenant.

The difference matters. An invitee is owed ordinary care (§ 51-3-1); a licensee can recover “only for willful or wanton injury” (§ 51-3-2(b)). The statutory definitions are explained in invitee, licensee, or trespasser.

The repair duty in § 44-7-13 is a contract duty

Section 44-7-13(a) says the landlord “shall keep the premises in repair”. Cham repeated that this Code section “imposes contractual, but not tort, liability on a landlord”, quoting earlier decisions including Langley v. MP Spring Lake, LLC (2019): “the duties imposed by OCGA § 44-7-13 sound only in contract, not in tort”. A tenant’s personal injury claim is therefore built on § 44-7-14 or § 51-3-1, not on § 44-7-13 alone.

That shapes how to read the 2024 Safe at Home Act. HB 404 added § 44-7-13(b), under which any lease or similar agreement for a dwelling “is deemed to include a provision that the premises is fit for human habitation”, for residential leases “entered into or renewed on or after July 1, 2024”. The provision sits in § 44-7-13, the section Cham and Langley describe as imposing contract duties, and its text says nothing about tort liability for injuries.

Crimes in common areas

An attack in a parking lot or hallway is a negligent security claim. For incidents on or after April 21, 2025, the statute in §§ 51-3-50 through 51-3-57 controls, and a licensee can rely only on a particularized warning plus willful and wanton failure to act (§ 51-3-52). There is also no claim based on a tenant’s or tenant’s guest’s wrongful conduct if the owner had already begun eviction proceedings against that tenant (§ 51-3-54(4)). See property owner liability for an attack.

Records that matter after a common-area injury

  1. Where exactly the injury happened, and whether that area is shared or part of a unit.
  2. The lease, its date, and who is named on it, which bear on status and on § 44-7-13(b).
  3. Written repair requests and responses, with dates.
  4. Photographs of the condition, lighting, handrails, or surface.
  5. Prior complaints or incident reports involving the same area; for slip-and-fall proof, see what you must prove in a Georgia slip-and-fall case.

Sources

General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.

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