Common Area Law and Legal Definition

Common area refers to property that is commonly used by one or more persons. According to landlord-tenant law, common area is considered a realty that all tenants may use although a landlord retains control and responsibility over it. Generally, common areas are found in apartments, condominiums, cooperatives and planned-unit developments. In the U.S. common area refers to an area inside a housing development that is owned by all residents.

The following is an example of a case law defining common area:

Common area is defined as including all of landlord's costs and expenses of operating and maintaining the common areas in the Shopping Center, and also includes, landscaping, snow removal, cleaning, utilities (but not electric), fire protection, security, traffic control signs, patching not in excess of $ 5,000 per year, restriping, policing, common Area trash removal, and sewage disposal.[Maysville Marketsquare Assocs. L.P. v. Kroger Co., 241 Fed. Appx. 257 (6th Cir. Ky. 2007)].