Chapter 48 Landlord-Tenant Relationships. Introduction. Anyone who rents housing to the public for commercial purposes subjects herself to various state and federal Landlord-Tenant laws.
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The maintenance provision in the lease was part of the bargain between the parties.
The landlord’s failure to repair gave the tenant the right to get out of the lease without proving that the failure substantially damaged the tenant’s business interests. “To rule otherwise would render largely illusory any specific agreement that the owner of commercial property keep the parking lot well maintained
Schiernbeck rented a house from Davis. A month after moving into the house, Schiernbeck noticed her smoke detector was missing. Schiernbeck claimed that she told Clark Davis about the missing detector. Davis did not remember the conversation.
When a fire in the house severely injured Schiernbeck, she filed a suit in a federal district court against Davis, alleging negligence and breach of contract for failing to provide a detector.
Davis claimed they had no duty to install a detector in a rental house.
Johnson County owns an arena that it rented for a one-day barrel racing competition. During the competition, Endsley, a spectator, suffered a serious eye injury when he was struck by a rock that was kicked into the air by a horse.
Endsley sued Johnson alleging that rocks on the arena’s dirt floor created an unreasonably dangerous condition.
The court entered a summary judgment in favor of the Posse, and Endsley appealed. An intermediate state appellate court reversed, and the Posse appealed.
“The natural state of dirt, that it may be slippery when wet or may contain small rocks, can present a hazard under the right conditions, but not unreasonably so. Otherwise, a landlord would be an insurer against all injury to a tenant’s [invitees].”