👀
Torts • Negligence
TORT#041
Legal Definition
Generally, a lessee has a duty to maintain the premises. However, a lessor must warn of defects that they know—or should know—of, and that they know the lessee is unlikely to discover upon reasonable inspection.
Plain English Explanation
One of the most adult things you can do in life is sign a property lease. A lot of factors are considered when pricing a lease, and each piece of property is generally unique with various pro's and con's. It's not up to a landowner to tell a potential lessee all the various bad things about a property, or reasons they should consider not signing the lease. That is up to the lessee to do their due diligence and inspect the property in order to decide whether or not it is worth leasing.
However, where the landowner is aware—or should be aware—of some specific defect, and where it is unlikely that the lessee will be able to discover it even during their inspection, the law requires the landowner to warn the potential lessee so that they may factor it into their consideration.
However, where the landowner is aware—or should be aware—of some specific defect, and where it is unlikely that the lessee will be able to discover it even during their inspection, the law requires the landowner to warn the potential lessee so that they may factor it into their consideration.
Hypothetical
Hypo 1: Sam is interested in leasing one of Bob's cabins. Bob chooses not to tell Sam that a family of bears live on the front lawn of the property, nor does Bob tell Sam that there are large holes in the roof that cause sunlight to wake you up in the early morning. Bob especially chooses not to tell Sam that the cabin is in the migratory path of cobras, which swarm over the cabin twice per year. Result: Sam's a big boy and, if he chooses to inspect the cabin, he should likely see for himself the family of bears on the front lawn as well as the large holes in the roof. However, unless the house is covered with snakeskins, it is unlikely that he is aware of the cobra migration. As such, this is something Bob had a duty to disclose.
Related Concepts
In assessing negligence per se, when is breach excused?
In assessing negligence, what duty of care is owed by bailees?
In assessing negligence, what duty of care is owed by children?
In assessing negligence, what duty of care is owed by common carriers and innkeepers?
In assessing negligence, what duty of care is owed by landowners to discovered or anticipated trespassers?
In assessing negligence, what duty of care is owed by landowners to invitees?
In assessing negligence, what duty of care is owed by landowners to licensees?
In assessing negligence, what duty of care is owed by landowners to those off premises?
In assessing negligence, what duty of care is owed by landowners to undiscovered trespassers?
In assessing negligence, what duty of care is owed by professionals?
In assessing negligence, what duty of care is owed during emergencies?
In assessing negligence, what is actual causation and what three methods may be used to determine it?
In assessing negligence, what is a proximate cause?
In assessing negligence, what is negligence per se?
In assessing negligence, what is the but for test?
In assessing negligence, when does breach occur?
In assessing negligence, when do you determine whether a cause was a substantial factor in causing the injury?
In assessing negligence, when do you determine whether there are alternative causes to the injury, and what is the result?
In assessing negligence, when is a duty of care owed?
In assessing negligence, when is there a duty to act?
In assessing negligence, who owes a duty and what is the general standard of care owed?
In assessing proximate causation, what is the relationship between foreseeability, direct causation, and indirect causation?
What damages are available for negligence actions?
What is an attractive nuisance, and how is a claim established?
What is negligence?
When is a lessor liable for dangerous defects on their property?
