Landlord's Tort Liability Flashcards Preview

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Flashcards in Landlord's Tort Liability Deck (7):

What is the CL principle of "caveat lessee" and how does it affect the L's duty to the lessee?

Let the tenant beware.

Under tort law at CL, L was under no duty to make the premises safe.


How do we remember the five most important exceptions to caveat lessee?

When a tenant learns of these exceptions to the harsh CL, she CLAPS

Common areas

Latent defects rule

Assumption of repairs

Public use rule

Short term lease of furnished dwelling.


Explain the Common area exception to caveat lessee.

L must maintain all common areas and is liable in tort for injuries sustained in those common areas.


Explain the Latent defects rule as it relates to caveat lessee. What does it not include?

L must warn T of hidden defects that L knows about or should know about.

Does not include a duty to repair.


Explain the Assumption of repairs exception to caveat lessee.

Any L who voluntarily makes repairs must complete them with reasonable care.


Explain the Public use rule as it relates to caveat lessee.

L who leases public space 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 the premises.


Explain the Short term lease of a furnished dwelling exception to caveat lessee.

L is liable for any defects on the site of such a property (e.g., beach house for rent)