Can You Sue a Landlord for a Ceiling Collapse

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If you’ve been injured due to a ceiling collapse in a rental unit, you may have grounds to sue a landlord for a ceiling collapse. This comprehensive article outlines the legal right to hold a landlord accountable for such incidents in Chicago and the surrounding areas.

Don’t go it alone! If you’ve been injured due to a ceiling collapse, we encourage you to contact our firm. We are here to help you understand your legal options and fight for the compensation you deserve. Click here to reach out today and schedule a no-cost call with our team.

Key Takeaways

The landlord-tenant relationship is governed by a complex combination of state and local laws.
Tenants in Chicago and suburban Cook County have stronger protections than those outside of Cook County.
Regardless of location, tenants in Illinois can typically sue a landlord for a roof or ceiling collapse.
If you’ve been injured by a ceiling or roof collapse, it’s important to have your case evaluated by a qualified attorney as soon as possible. This will help prevent evidence from being lost and ensure continuity in your medical treatment.
In personal injury cases, attorneys typically work on a contingency fee basis, meaning they are paid a portion of the recovery.

A Quick Note About Terminology

This article focuses on suing a landlord when a person is hurt by a collapsing ceiling or roof in a leased building. Throughout the article I will use certain terms out of convenience or to improve readability. To avoid confusion the reader should understand the following uses:

Roof or ceiling collapse. In this article I primarily use the term “ceiling collapse.” However, the same analysis applies to a roof collapse and the terms can be used interchangeably.

Tenant or guest. This article primarily discusses an injury to a tenant since tenants are usually the victims of ceiling collapses. However, for the most part, a tenant’s guest can also sue a landlord if the tenant is injured in a ceiling collapse, though some theories are not available. A tenant’s children are treated the same as the tenant, so long as they also live in the apartment.

Apartment or rental unit. The term “apartment” is most often used in this article. However, residential rental units are treated the same, whether they are single family homes or part of a larger complex.

Commercial, industrial, or residential. This article is primarily focused on residential rental units. Tenants in commercial or industrial rental units usually have less protection. Specifically, the local ordinances that provide Chicago-area tenants the best protection only apply to residential units. This doesn’t mean that people injured in a commercial or industrial roof collapse don’t have remedies, it just isn’t the focus of this article.

Can You Sue a Chicagoland Landlord for a Ceiling Collapse Injury?

If you or a family member was injured in an apartment ceiling collapse, you probably wonder whether you can hold your landlord responsible. If so, you came to the right place. Below, I discuss the rights of injured tenants, focusing on Cook County.

The short answer is almost always yes, a tenant injured in a ceiling collapse can sue their landlord whether the apartment is within the city limits of Chicago or suburban Cook County. For a more detailed explanation, keep reading or, if you prefer to speak with an attorney, click here to contact our firm.

A Quick Primer on Personal Injury Law

Personal injury is a massive and complex area of law that would take many dedicated articles to explain. I am not going to undertake that here, but a basic understanding of personal injury law is necessary to determine whether a landlord is responsible for an injury caused by a ceiling collapse.

In order to have a personal injury lawsuit, 3 requirements must be met:

The allegedly responsible party (landlord) owed a duty of care to the injured party;
The duty owed was breached; and
The breach of the duty caused a physical injury that was reasonably foreseeable (the injury was “proximately caused” by the breach of the duty).

A straightforward example is a car accident where a driver leaves the road and strikes a pedestrian on the sidewalk and breaks the pedestrian’s leg. In this case, the driver had a legally established duty to drive carefully and responsibly. The driver breached that duty by driving off the road surface. The breach of the duty caused the physical injury of the pedestrian’s broken leg. Lastly, this injury was reasonably foreseeable without any intervening causes.

Of these three requirements, establishing duty is the most problematic in the landlord-tenant context. Though it seems obvious that a landlord should only be able to lease safe apartments, landlord-tenant law is still colored by ancient assumptions from when landlords would cede total control of rented land to their tenants. Thus, the majority of this article focuses on establishing a duty. Once an injured tenant establishes a duty, breach, causation, and injury usually follow without complication.

Responsibility for Ceiling Collapses – General Illinois Law

When a tenant injured by a ceiling collapse sues a landlord for personal injury, the tenant has to establish the landlord had a duty toward the tenant. The duty analysis can be broken down into two distinct scenarios.

The first is where the tenant holds the landlord responsible for an injury due to the landlord’s role as a person that owns property, even if the landlord didn’t do anything to cause the dangerous condition. This is called premises liability and is the most complex way to establish a duty.

The second scenario is where a landlord took some action, but did so carelessly. In this instance, the landlord did something to cause the dangerous condition, like improperly installing or repairing the ceiling the later collapsed. Establishing duty is much easier under this scenario, which is called general negligence.

I will examine these two scenarios as the relate to duty in the following two sections.

Ceiling Collapses – Landowner Responsibility for Dangerous Conditions (Premises Liability)

Owners and people in control of land have responsibilities to those that are on their land. However, over the past one hundred years courts have often found that a landlord has no duty to a tenant because lessors relinquish control of property to the lessee. Without a duty, there can be no personal injury lawsuit.

Of course, anyone that has been a residential tenant knows that the idea that a landlord completely relinquishes control of property to a lessee is delusional. In my practice I have read over a thousand leases and landlords do anything but relinquish complete control of the premises to the lessee. Unfortunately, courts have gone to great lengths to find “complete relinquishment of control” even where such holdings are divorced from reality.

Fortunately, there are six exceptions to the general Illinois rule that a landlord does not owe a duty to the tenant for dangerous conditions in the premises. Those exceptions are:

The landlord knew or should have known about a latent defect that caused the injury;
The landlord fraudulently conceals the dangerous condition;
The defect causing the injury is a nuisance;
The landlord has contracted in the lease to keep the property in good repair;
The landlord violates a statute that is designed to protect tenants and those authorized to be in the property; and
The landlord voluntarily promises to render a service.

Latent defect: A latent defect is a hidden defect in the property. Thus, if a landlord is, or should have been, aware that the ceiling is unstable and the dangerous condition is not obvious to the tenant, the landlord will still be responsible for the injury if the ceiling collapses.

Fraudulent concealment: Fraudulent concealment is similar to a latent defect in that the landlord knows about a dangerous condition, but then takes action to conceal it so the tenant is not aware of it. In the case of a ceiling collapse, this could be where the ceiling is starting to fall and the landlord makes a cosmetic or band-aid repair so they are able to lease the unit to an unsuspecting tenant. In that case, the landlord will owe a duty and is responsible for an injury when the ceiling collapses in an apartment.

Nuisance: It’s unlikely that conditions that lead to a ceiling collapse would constitute a nuisance, so this exception does not come into play in ceiling collapse cases.

Lease mandates landlord keep premises in good repair: Though this exception seems like it would compel duty in all tenancies, judicial interpretation has gutted it. In order for a lease to mandate a landlord keep a ceiling in good repair, it needs to be pretty specific (and leases seldom are). Courts just don’t like to impose responsibility for personal injuries on landowners.

Landlord violates a statutory provision designed to protect tenants: This exception is is the most important one. Many municipalities have laws relating to the condition of property, how it must be maintained, and some even have specific tenants’ rights laws. Laws like the Chicago Residential Landlord and Tenant Ordinance (“RTLO”) and Cook County Residential Tenant and Landlord Ordinance (“CCRTLO”)(both discussed below) mandate that a landlord maintain the premises. If a tenant is protected by the RTLO or CCRTLO, the landlord almost certainly has a duty to maintain a ceiling in safe condition.

Landlord voluntarily promises to render a service: If a landlord promises to do something and then doesn’t do it, the landlord may be responsible if an injury results. Thus, if a ceiling is sagging, the tenant reports it to the landlord, and the landlord promises to repair it, but does not. The landlord may then be responsible for an injury when the ceiling collapses.

Thus, though general Illinois law for landowner responsibility for defective and dangerous conditions is very landlord-friendly, there are substantial exceptions that establish duty and result in landlord liability when a collapsing ceiling injures a tenant. The most powerful tools that enable injured tenants to sue a landlord for a ceiling collapse are statutory provisions designed to protect tenants.

Next, I will address situations where a landlord acting carelessly causing a ceiling collapse, which leads to an injury.

Ceiling Collapses – Landlord Responsibility When They Act Carelessly – General Negligence

In contrast to general landowner responsibility for dangerous conditions, landlords are commonly legally responsible if they take action and act carelessly. In these cases, the standard legal duty applies. That is, when the landlord acts, they must take reasonable care to protect others. If the landlord acts carelessly and that careless action causes an injury to the tenant, the tenant may sue the landlord to recover compensation for their injury.

For example, let’s say an accountant owns a unit in Chicago. He has no construction training or licensure. His tenant complains about a sagging ceiling and the landlord decides to fix it himself. He tears down the old ceiling, buys some drywall and attaches it with improper nails and doesn’t follow code for spacing. When the ceiling collapses and injures the tenant, the landlord will be responsible for the injuries since his action (rather than just mere ownership of the property) caused the injury.

In contrast, if a landlord buys a building, never works on the ceiling, and it collapses, a duty must be found within one of the exceptions laid out in the previous section – the tenant cannot use the general duty of reasonable care because the tenant would be using the premises liability theory.

Summary of General Illinois Law – Landlord Responsibility for Ceiling Collapses

There are two theories to establish duty and then hold a landlord liable when a ceiling collapses on a tenant in Illinois, premises liability and general negligence.

If a landlord did not take action that caused the ceiling collapse, they can only be held liable for premises liability. In order to find a duty and potentially hold a landlord responsible for premises liability, one of the exceptions to the general rule that a landlord owes no duty to a tenant must be satisfied. Many times there will be statutes that impose a duty to maintain on a landlord, especially in Chicago and Cook County, so that should be the first avenue of exploration if a tenant desires financial compensation for premises liability.

Conversely, if a landlord took action that caused the ceiling to collapse, the landlord owes a duty of reasonable care to the tenant. That is, if the landlord was careless and that carelessness caused the ceiling to collapse that then resulted in an injury, the landlord is legally responsible.

Landlord Responsibility for a Ceiling Collapse – Chicago and Cook County Law

When it comes to tenants’ rights, it is a huge advantage to be a tenant in Chicago or Cook County. The Chicago RLTO and Cook County RTLO are comprehensive regulations that are especially useful when a tenant is injured by a ceiling collapse and must rely on a theory of premises liability.

As we discussed above, there are two legal basis to hold a landlord responsible for a ceiling collapse, premises liability and general negligence.

General negligence applies when a landlord took some action that led to the ceiling collapse (such as installing it or making a repair). If the landlord took the action carelessly, then they are legally responsible for the resulting injury.

Premises liability is more difficult. The owner or occupier of land generally has a duty to maintain the property in safe condition. However, courts have found that since landlords pass control of the property to tenants, there is no duty under a premises liability theory unless one of the six exceptions are met. Among those exceptions is when a landlord violates a statutory requirement that is designed to protect tenants, guests, and other people that occupy the property. The RLTO and CCRTLO are two such statutes.

A Chicago or Cook County tenant can hold a landlord responsible for a ceiling collapse under either general negligence or premises liability, but Chicago and Cook County laws are especially helpful if premises liability is used. A negligence theory is the same as general Illinois law, but premises liability is greatly augmented in Chicago and Cook County.

Liability for Ceiling Collapses Under Chicago Law

The Chicago Residential Landlord and Tenant Ordinance (Title 5 Chapter 12 of the Chicago Municipal Code) applies to most rental units within the city limits of Chicago. However, a few types of units are excluded. Most notably, units in buildings of 6 units or less where the owner of the building also lives there are not covered by the RLTO. The other exclusions are less common, but can be found on my page devoted to Chicago tenants’ rights.

If the RLTO applies to a tenant’s unit, the landlord will almost always be responsible for injuries caused in a ceiling collapse.

As a reminder, premises liability applies if the landlord violates a statute that is designed to protect tenants and those authorized to be in the property.

The RLTO was specifically designed to,

protect and promote the public health, safety and welfare of its citizens, to establish the rights and obligations of the landlord and the tenant in the rental of dwelling units, and to encourage the landlord and the tenant to maintain and improve the quality of housing
5-12-010

Clearly the RLTO is a health and safety statute.

The RLTO also has several provisions related to maintenance of the unit. 5-12-070 states:

Landlord’s responsibility to maintain. The landlord shall maintain the premises in compliance with all applicable provisions of the municipal code and shall promptly make any and all repairs necessary to fulfill this obligation.
5-12-070

Further, 5-12-110 sets forth a plethora of duties for a landlord and failure to comply with any of those duties is deemed a material violation of 5-12-070. In part, 5-12-110 states:

In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.

For purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:

Failure to maintain the structural integrity of the building or structure or parts thereof;

…

Failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;

Failure to maintain floors, interior walls or ceilings in sound condition and good repair;

…

Failure to maintain the dwelling unit and common areas in a fit and habitable condition.
5-12-110

Thus, it is evident that the Chicago RLTO, an ordinance designed to protect tenants’ safety, imposes a duty on the landlord to maintain the unit, including the ceiling. Accordingly, if a ceiling falls and injures a tenant, the tenant can sue the landlord for the ceiling collapse under a premises liability theory.

Further, the Chicago RLTO provides that a tenant can bring a claim for damages under 5-12-110(e) and, if successful, will be awarded reasonable attorney’s fees pursuant to 5-12-180.

Damages and Injunctive Relief. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.
5-12-110(e)

Except in cases of forcible entry and detainer actions, the prevailing plaintiff in any action arising out of a landlord’s or tenant’s application of the rights or remedies made available in this ordinance shall be entitled to all court costs and reasonable attorney’s fees; provided, however, that nothing herein shall be deemed or interpreted as precluding the awarding of attorney’s fees in forcible entry and detainer actions in accordance with applicable law or as expressly provided in this ordinance.
5-12-180

The RLTO expands the number of avenues for a tenant to sue a landlord for an injury caused by a ceiling collapse. First, it clearly imposes a duty on the landlord to keep an apartment safe. Thus, premises liability is always applicable in RLTO regulated apartments. Second, the RLTO provides its own unique remedy under 5-12-110(e), a statutory cause of action. This means that in addition to a premises liability or negligence claim, the injured tenant can sue the landlord for violating the RLTO itself. Moreover, the RLTO-based claim allows the successful tenant to claim attorney’s fees from the landlord under 5-12-180, which is very unique in the personal injury context. Both of these avenues are in addition to a general negligence claim if the landlord did something to cause the injury.

In sum, a tenant living in a unit subject to the RLTO is able to sue a landlord for a ceiling collapse. The injured tenant can file a claim for premises liability and a claim under 5-12-110(e). Additionally, if the landlord caused the collapse, a tenant may sue the landlord for negligence.

Liability for Ceiling Collapses Under Cook County Law

Consistent with general Illinois law, tenants can sue landlords in suburban and unincorporated Cook County for ceiling collapses under both premises liability and regular negligence. Additionally, like Chicago, Cook County has a comprehensive tenants’ rights law referred to as the CCRTLO. The CCRTLO helps tenants prosecute a premises liability case and also contains its own statutory cause of action. This section will explain how a tenant may use the CCRTLO to sue a landlord for a ceiling collapse.

In 2021 Cook Count passed the CCRTLO. The CCRTLO was modeled after the RLTO and applies in suburban and unincorporated Cook County. Like the RLTO, the CCRTLO contains certain exclusions, the most notable are:

Owner occupied buildings of 6 units or less. Like the RLTO, if a building contains 6 or fewer units and the owner of the tenant’s unit also lives in the building, the CCRTLO does not apply to the apartment.

Single units owned by an individual landlord. If a landlord only owns a single rental unit, that unit is exempt from the CCRTLO if:

The owner or immediately family member resided in the unit for at least one money in the 12 months prior to marketing the unit;
The owner is not a corporation; and
The owner personally manages the unit.

Units in municipalities with their own tenants’ rights law. Certain cities in Cook County, notably Chicago, Evanston, and Oak Park, have their own comprehensive tenants’ rights laws. Where a municipality has it’s own tenants’ rights law, the CCRTLO yields to it.

Commercial and industrial units. Like the RLTO, the CCRLTO only applies to residential units.

The CCRTLO contains numerous provisions that impose duties on the landlord, including 42-105 – Tenant rights.

Tenant right to dwelling that materially complies with habitability.

(1) A tenant shall have the right to a dwelling that materially complies with habitability and shall have the right to a remedy when the property is not in material compliance with habitability standards.

(2) Where the property is in a municipality that has adopted a municipal building code, the landlord and tenant may use that municipal code as reference for determining habitability standards. Where the property is in in a municipality that has not adopted a municipal building code or is in unincorporated Cook County, the landlord and tenant may use the Cook County Building Code, Section 102-102, et seq., as reference for determining habitability standards.

(3) Habitability standards shall include, but are not limited to, any of the following circumstances:

…

b. Buildings, structure, and parts of buildings with structural integrity, in sound condition, and maintained in good repair;

…

j. Foundation, exterior walls, and exterior roof with structural integrity, in sound condition, maintained in good repair, and substantially watertight and protected against rodents;

k. Floors, interior walls and ceilings with structural integrity, in sound condition, and maintained in good repair;

…

y. A dwelling unit and common areas in a fit and habitable condition and in compliance with all applicable local, municipal, state, and federal regulations and guidance.
42-105(c)

Additionally, the CCRLTO provides tenants with an independent right to sue a landlord when a ceiling collapses.

If the landlord is not in material compliance with the rental agreement or with section 42-105, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with section 42-105. The landlord shall have an affirmative defense to this action that the condition was caused by a deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
42-106(d)(1)

Unfortunately, unlike the RLTO, the CCRTLO does not award attorney fees on a claim for personal injury brought under the ordinance.

In sum, tenants living in suburban and unincorporated Cook County are able to use the CCRLTO to establish a duty to maintain when pursing a premises liability theory. They may also sue a landlord for a ceiling collapse directly under 42-106(d)(1) of the CCRTLO or, if the landlord did something carelessly, sue under general negligence.

Summary of Suing a Landlord for Ceiling Collapse in Chicago or Cook County

When a ceiling collapses in a residential apartment in Chicago or Cook County, tenants are almost always able to sue the landlord for the injury they suffered. Which types of claims are available depend on both the facts and where the unit is located.

In almost all cases, a tenant can sue the landlord under a premises liability theory, that is, the landlord failed to maintain the unit in a safe condition. The RLTO and CCRTLO provide specific safety regulations that a tenant may use to establish duty. If the unit is not in Cook County, or exempt from the CCRTLO and RLTO, the tenant will have a more difficult time satisfying the duty element.

In cases where the landlord performed some careless action the led the the ceiling collapse, the tenant can almost always sue the landlord for the injuries suffered, regardless of where the unit is located.

Finally, both the RLTO and CCRLTO provide their own failure to maintain claims the tenant may invoke. The RLTO remedies are particularly useful because the ordinance adds a claim for reasonable attorney’s fees, which provides the tenant with additional leverage.

I hope you found this article informative and if you were injured in a ceiling collapse, click here to request a case analysis.