😀
Real Property • Landlord-Tenant
PROP#094
Legal Definition
1. Must disclose any concealed dangerous conditions (latent defects)
2. Must reasonably maintain common areas.
3. Liable for injuries resulting from public use if, at the time of the lease, the landlord (1) knew of a dangerous condition; (2) had reason to believe the tenant may admit the public before repairing, and (3) fails to repair.
4. Liable for any defects in a furnished short-term residence.
5. Liable for negligent repairs performed by landlord
6. Liable for a contractor's negligent repair or failure to repair.
2. Must reasonably maintain common areas.
3. Liable for injuries resulting from public use if, at the time of the lease, the landlord (1) knew of a dangerous condition; (2) had reason to believe the tenant may admit the public before repairing, and (3) fails to repair.
4. Liable for any defects in a furnished short-term residence.
5. Liable for negligent repairs performed by landlord
6. Liable for a contractor's negligent repair or failure to repair.
Plain English Explanation
A landlord owes six duties to tenants regarding the safety of the property they lease:
(1) If the landlord is aware of a dangerous condition that isn't obvious, they need to let the tenant know. For example, if the landlord knows that the handrail on the stairs is a bit loose and needs to be fixed, they must tell the tenant before the tenant leans on the handrail and falls off the stairs.
(2) Common areas are not owned or controlled by tenants, so the obligation for their upkeep and maintenance falls on the landlord. Examples of common areas are hallways between apartments/units, shared swimming pools, and grass areas.
(3) If a landlord is aware of a dangerous condition on the property, and knows that the tenant is likely to invite the public to come onto the property, then the landlord is liable for injuries that result if they fail to repair the dangerous condition. For example, imagine if a tenant is renting Blackacre, which is a grassy parcel attached to a home. The tenant is going to have a neighborhood BBQ on Blackacre, but the landlord knows there are dozens of gopher holes all over the grass and if people aren't careful when they walk, they may break their ankle. The landlord must repair the dangerous condition (filling in the gopher holes).
(4) If a property is leased for three months or less and includes furnishing (like furniture), the landlord is liable for any harm that happens as a result of the furnishings. For example, if Amy rents an apartment from Bob for 3 months and the apartment comes with a dining room table and chairs, but when Amy sits on the chair the leg snaps and Amy breaks her ankle, Bob is liable.
(5) Many landlords save money by performing repairs by themselves. This is fine, but they are liable for harm that results from negligent repairs. For example, if Bob negligently repairs the electrical wiring in one of the properties he rents out, which leads to a tenant getting shocked, Bob is liable.
(6) Similarly, if Bob hires a contractor to repair the electrical wiring, but the contractor does so negligently, Bob is still liable for harm caused.
(1) If the landlord is aware of a dangerous condition that isn't obvious, they need to let the tenant know. For example, if the landlord knows that the handrail on the stairs is a bit loose and needs to be fixed, they must tell the tenant before the tenant leans on the handrail and falls off the stairs.
(2) Common areas are not owned or controlled by tenants, so the obligation for their upkeep and maintenance falls on the landlord. Examples of common areas are hallways between apartments/units, shared swimming pools, and grass areas.
(3) If a landlord is aware of a dangerous condition on the property, and knows that the tenant is likely to invite the public to come onto the property, then the landlord is liable for injuries that result if they fail to repair the dangerous condition. For example, imagine if a tenant is renting Blackacre, which is a grassy parcel attached to a home. The tenant is going to have a neighborhood BBQ on Blackacre, but the landlord knows there are dozens of gopher holes all over the grass and if people aren't careful when they walk, they may break their ankle. The landlord must repair the dangerous condition (filling in the gopher holes).
(4) If a property is leased for three months or less and includes furnishing (like furniture), the landlord is liable for any harm that happens as a result of the furnishings. For example, if Amy rents an apartment from Bob for 3 months and the apartment comes with a dining room table and chairs, but when Amy sits on the chair the leg snaps and Amy breaks her ankle, Bob is liable.
(5) Many landlords save money by performing repairs by themselves. This is fine, but they are liable for harm that results from negligent repairs. For example, if Bob negligently repairs the electrical wiring in one of the properties he rents out, which leads to a tenant getting shocked, Bob is liable.
(6) Similarly, if Bob hires a contractor to repair the electrical wiring, but the contractor does so negligently, Bob is still liable for harm caused.
Visual Aids
Related Concepts
How do lease covenants affect a landlord-tenant relationship where one party breaches?
How may a landlord waive a covenant prohibiting assignment?
If a leasehold is condemned or taken via eminent domain, what is the effect on a tenant's duty to pay rent?
If an assignment occurs, what is the relationship between the assignee and the landlord?
If a tenant breaches one or more of their duties, what remedies are available to the landlord?
If a tenant violates a covenant against assignment or sublease, what remedies are available to the landlord?
In a landlord-tenant relationship, who has a duty of restoration when the premises being leased are destroyed due to no fault of either party?
In assessing a landlord-tenant issue, what is an assignment?
In assessing a landlord-tenant relationship, what are the landlord's duties?
In assessing a landlord-tenant relationship, what are the tenant's duties?
In assessing a landlord-tenant relationship, what is the result of a tenant's covenant to repair?
What are the exceptions to the hold-over doctrine?
What constitutes a constructive eviction?
What constitutes an actual eviction?
What constitutes a partial eviction?
What is a landlord's duty to deliver possession?
What is a landlord's duty to provide quiet enjoyment?
What is a landlord's duty to repair?
What is a leasehold estate?
What is a periodic tenancy and how does it terminate?
What is a retaliatory eviction?
What is a sublease?
What is a tenancy at sufferance and how does it terminate?
What is a tenancy at will and how does it terminate?
What is a tenancy for years and how does it terminate?
What is a tenant's duty to not use the premises for an illegal purpose?
What is a tenant's duty to pay rent, and how does it affect their security deposit?
What is a tenant's duty to repair?
What is the hold-over doctrine?
What is the implied warranty of habitability, and what remedies are available to the tenant if breached?
When does a covenant run with the land?
When does a tenant cause ameliorative waste?
When does a tenant cause permissive waste?
When does a tenant cause voluntary waste?
