Traditionally, landlords had no duty to make properties safe for tenants. However, the law has evolved over the last several hundred years to include five exceptions: (1) Latent Defects; (2) Common Areas; (3) Public Use; (4) Furnished Short-Term Residences; and (5) Negligent Repairs (by (a) landlord, or (b) third party). These exceptions generally exist because under modern law, landlords are presumed to have the greatest knowledge and control over the premises.

Latent defects are those dangerous conditions that exist at the time of lease creation that the landlord should know about; and that a tenant could not discover through reasonable means (out of sight out of mind could be reasonable). These defects must be disclosed to the tenant, and failure to disclose those defects will subject the landlord to liability for any injury caused. However landlords generally cannot protect themselves by disclosure for short-term residences that are furnished.

Common areas are controlled by the landlord on behalf of the limited public and other tenants. Any dangerous condition reasonably discoverable by a landlord (out of sight out of mind might not be reasonable) must be made safe. Injuries subject the landlord to liability.

Public use. The landlord is liable for injuries to the public for dangerous conditions when the landlord has reason to believe that the public may be invited on to the property.

Repairs. Landlords are liable for injuries from negligent or ‘deceptively safe’ repairs.

Expansion in this area of law has progressed even beyond these common law rulings, with legislation in Michigan the landlord tenant act creates several duties for both landlords and tenants.