Property Management/Leases
What is the Landlord's Liability?
As per
the common law, the landlord had no duties whatsoever to the tenant to
protect the tenant's licensees and invitees or the tenant itself, except
in the following few situations:
1. Failure on the part of the landlord
to disclose latent defects of which he or she knew or at least had a
reason to know. The landlord however has no duty to repair, he or she only
needs to disclose defects if any at the time of agreement.
2. In case of a short term lease of 3
months or less, of a furnished dwelling, the tenants are deemed to be
'invitees', and the landlord is liable for any latent defects even if the
landlord neither knows nor should know of their existence.
3. Common areas under landlords'
control like hallways in an apartment building, in case the landlord has
failed to use reasonably good care in maintaining them.
4. Injury resulting from landlord's
negligent repairs, even if the landlord has used all due care.
5. Public use, if any of the following
three factors exist:
1. The landlord is aware or should be aware that the
tenant makes public use of the land for instance, for use as a restaurant
or a store;
2. The landlord is aware or should be aware that
there is a defect; and
3. The landlord knows
or should know that the tenant may not fix the defect.
