Duties Owed by Lessees and Lessors of Land

Question 1

Duty Owed by Lessees and Lessors of Land

Answer 1

A lessee is a land occupier and has the
same liabilities that any land occupier would have. A landlord owes no duty to a person
coming onto land with the consent of the lessee, with the following exceptions:
1) the lessor owes a duty if a danger exists at the start of the lease which the lessor
knows or should know about and which the lessee has no reason to know about;
2) the lessor has the duty to inspect for and repair dangerous conditions, if the
lessor knows the lessee will hold the land open to the public;
he lessor has a duty to use reasonable care to make common areas safe;
4) the lessor owes a duty to keep the premises in good repair if that is part of the
lease contract;
5) the lessor owes a duty if he begins repairs and performs them unreasonably or
does not finish them;
6) the lessor owes a general duty of care in some jurisdictions.