VIII. Torts: Duties of Lessor and Lessee with respect to Realty

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rubidoux
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136995
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VIII. Torts: Duties of Lessor and Lessee with respect to Realty
Updated:
2012-02-29 13:27:02
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Torts Lessor Lessee Duties Rubidoux
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lessor lessee duties
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  1. DUTIES OF LESSOR OF REALTY
    • Tort liability in regard to conditions on the property is an incident of occupation and control. Thus, a lessee, coming into occupation and control, becomes burdeed with the duty to maintain the premises in such a way as to avoid unreasonable risk of harm to others
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    • Where owner leases portions of the premises to tenants, owner continues to be subject to liability for unreasonably dangerous conditions in those portions of the premises that are shared by all tenants.
  2. DUTY OF LESSOR TO LESSEE
    Lessor must warn lessee of existing defects in the premises of which lessor is aware or has reason to know and which he knows lessee is not likely to discover on reasonable inspection.
  3. EFFECT OF LESSOR'S COVENANT TO REPAIR
    If lessor has covenanted to repair and reserves the right to enter the leased premises for the purpose of inspecting for defects and repairing them, he is subject to liability for unreasonably dangerous conditions.
  4. EFFECT OF VOLUNTARY REPAIRS BY LESSOR
    If lessor, though under no obligation to make repairs, does so, he is subject to liability if he does so negligently, failing to cure the defect; it is not necessary that his negligent repairs make the condition worse.
  5. If lessor leases the premises knowing that lessee intends to admit the public, the lessor is subject to liability for unreasonably dangerous conditions existing at the time he transfers possession where the nature of the defect and length and nature of the lease indicate that the tenant will not repair. Must be repaired, mere warning not enough.
  6. TENANT LIABLE TO INVITEES AND LICENSEES
    Lessor's liability for dangerous conditions on the premises does not relieve the tenant, as occupier of the land, of liability for injuries to third persons from the dangerous conditions within the tenant's control.
  7. DUTIES OF VENDOR OF REALTY
    Vendor, at the time of transfer of possession to vendee, has the duty to disclose concealed, unreasonably dangerous conditions of which the vendor knows or has reason to know, and of which he knows the vendee is ignorant and is not likely to discover on reasonable inspection. Vendor's liability continues until vendee should have, in the exercise of reasonable care in inspection and maintenance, discovered and remedied the defect.

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