Stairs cause some of the most serious falls in rental housing. A cracked tread, a loose handrail, a railing that gives way, or a dark stairwell can turn an ordinary trip down the steps into a broken hip or a head injury. Who answers for the fall in Maryland depends largely on where the stairs are and what the landlord knew about them.
Shared stairways, exterior steps, and stoops that serve several units remain under the landlord's control. Maryland law requires a landlord to use reasonable care to keep those common areas reasonably safe for tenants and their guests. That duty covers the treads, the handrails, the guards along open sides, and the lighting that lets people see the steps.
Real Property Article Section 8-105 of the Maryland Code names stairways specifically. A lease clause that would excuse a landlord's negligence on or about the leased premises, or on any elevators, stairways, hallways, or other areas used with them that are not within the tenant's exclusive control, is void as against public policy. A tenant does not lose the right to recover because the lease says otherwise.
Stairs inside a rented house or townhome raise a different question, because the tenant controls the interior day to day. Maryland courts generally require proof that the landlord knew or had reason to know of the defect and had a reasonable opportunity to repair it. A sudden collapse that no one reported can therefore leave a tenant without a claim.
Written notice changes that picture. A dated e-mail, portal request, or letter reporting a loose railing or a split tread gives the landlord knowledge and starts the time to repair. Maryland courts also recognize that the violation of a statute or ordinance, such as a local housing or property maintenance code, is evidence of negligence.
The Maryland Building Performance Standards adopt the International Building Code and the International Residential Code, with state and local amendments, as the construction standard across the state. Those codes give concrete measurements that show whether a stairway was built and kept in a safe condition. An engineer or code expert can compare the stairs that caused a fall against those requirements.
Under Section R311.7.8 of the International Residential Code, handrails must run along at least one side of each flight of stairs with four or more risers. The handrail must stand between 34 and 38 inches above the tread nosing. Guards must protect open sides of stairs and landings more than 30 inches above the floor or ground below. Uneven riser heights and tread depths beyond small tolerances also violate the code.
Many local governments adopt property maintenance codes that require owners to keep existing stairs, handrails, and guards structurally sound, in good repair, and firmly fastened. A county or city housing inspector can cite a landlord for those conditions. An inspector's notice gives a tenant an independent, dated record of the defect.
Photograph the stairs, the handrail, and any broken pieces before anyone repairs them. A tape measure in the photographs shows riser heights and handrail height. Keep any piece of railing or tread that broke away, and do not throw it out. Note the lighting at the time of the fall, including any burned-out bulbs.
Gather every request you made for repairs, along with the landlord's responses, and ask neighbors whether they reported the same problem. Ask the housing code office for any inspection reports on the property. Get medical care promptly, and tell the treating doctor how the fall happened, so the record ties the injury to the stairs.
Under Courts and Judicial Proceedings Article Section 5-101, a person generally must file a Maryland injury claim within three years. Landlords often repair stairs soon after a fall, so the condition at the time of the fall can disappear within days. You can read more about proving these claims in our article on Maryland slip and fall laws.
Christopher L. Beard, an Annapolis attorney, represents tenants and guests injured in stair falls and other premises liability claims throughout Maryland. To discuss a fall on rental property stairs, e-mail chris@attorneybeard.com or call (410) 267-0227.
