Landlord's Tort Liability

Question 1

What is the CL principle of “caveat lessee” and how does it affect the L’s duty to the lessee?

Answer 1

Let the tenant beware.

Under tort law at CL, L was under no duty to make the premises safe.

Question 2

How do we remember the five most important exceptions to caveat lessee?

Answer 2

When a tenant learns of these exceptions to the harsh CL, she CLAPS

Common areas

Latent defects rule

Assumption of repairs

Public use rule

Short term lease of furnished dwelling.

Question 3

Explain the Common area exception to caveat lessee.

Answer 3

L must maintain all common areas and is liable in tort for injuries sustained in those common areas.

Question 4

Explain the Latent defects rule as it relates to caveat lessee. What does it not include?

Answer 4

L must warn T of hidden defects that L knows about or should know about.

Does not include a duty to repair.

Question 5

Explain the Assumption of repairs exception to caveat lessee.

Answer 5

Any L who voluntarily makes repairs must complete them with reasonable care.

Question 6

Explain the Public use rule as it relates to caveat lessee.

Answer 6

L who leases public space and who should know, because of the nature of the defect and the length of the lease, that T will not repair, is liable for any defects on the premises.

Question 7

Explain the Short term lease of a furnished dwelling exception to caveat lessee.

Answer 7

L is liable for any defects on the site of such a property (e.g., beach house for rent)