Real Property: Landlord-Tenants: Landlord's Tort Liability

• Landlord’s Tort Liability
• Common law of caveat lessee à let T beware. In tort L was under no duty to make premises safe.

• 5 most important exceptions to common law:: Tenant CLAPS à

• Common areas: L must maintain all common areas (hallways or stairwells)
• Latent defects rule: L must warn T of hidden defects of which L has knowledge or reason to know
• Assumption of repairs: L who volunteers and undertakes repairs must complete them with reasonable care. If L, as volunteer, is negligent, L is liable even in tort.
• Public use rule: L who leases public space (such as convention hall/museum) 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 premises.
• Short term lease of furnished dwelling: L responsible for any defect that proximately harms T.