7. Landlord's Tortious Duties

Question 1

How may a Landlord breach his general duty of reasonable care (modern trend)?

Answer 1

1) Landlord had notice of defect
2) Landlord had reasonable opportunity to inspect defect
3) Either;

Defects

• BEFORE Tenant took possession (Landlord held to have notice of defect)
• AFTER Tenant took possession + Landlord knew/reasonably should have known defects

Statutory duty to repair

• Failure/Negligence in repairing
• Negligence per se (some states)/Mere evidence of negligence (some states)

Security

• TP criminal injuries
• Security measures (ordinary) NOT maintained
• Security surveillance advertised but NOT notified

Question 2

How may a Landlord breach his duty to make premises safe (at common law)?

Answer 2

Latent defects (concealed dangerous conditions)

• If Landlord knew/should have known of defect before Tenant entered lease + Tenant could NOT discover by reasonable inspection => Landlord must disclose
• If Landlord fails to disclose => Landlord is liable for Tenant’s injuries from defects
• If Tenant accepts premises after disclosure => Tenant is liable for Tenant’s/TP’s injuries from defects

Common areas (Housing Code)

• Landlord must exercise reasonable care in maintaining common areas + making safe from dangerous conditions that could ‘reasonably have been discovered’
• Halls, elevators, walks
• Landlord is liable for injuries from dangerous conditions

Public use

1) Landlord knew/should have known of dangerous condition
2) Landlord should have known Tenant may ‘admit public’ before repairing the condition
- Landlord is liable ONLY to purpose of admitting to public
3) Landlord failed to repair the condition

Furnished short-term residence

1) Short term <= 3 months
2) Fully furnished
3) Landlord is liable for ALL defects
- Even if Landlord was not aware of defects

Repairs

• Landlord had covenant to repair => Landlord failed to/negligently repaired => Landlord is liable for injuries
• Landlord had NO covenant to repair => Landlord tried to repair negligently/giving off deceptive appearance of safety => Landlord is liable for injuries