Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A tenant in an apartment building complained to her landlord about a persistent leak in her ceiling that caused significant water damage to her furniture and personal belongings. The landlord promised to fix it 'soon' but took no action for three months, during which the leak worsened. The tenant eventually moved out and sued the landlord for the property damage. Which of the following best describes the landlord's duty to the tenant regarding the leak?
- AA duty to maintain the premises in a reasonably safe condition.
- BNo duty, as the tenant could have moved out earlier.
- CA duty to inspect for latent defects periodically.
- DA duty only to warn the tenant of known dangers.
Show answer & explanationAnswer & explanation
Correct answer: A. A duty to maintain the premises in a reasonably safe condition.
Landlords generally owe a duty to maintain leased premises in a reasonably safe condition, especially regarding common areas or defects within their control that affect habitability. A persistent, worsening leak that causes damage falls under this general duty.
Why the other options are wrong
- B. Landlords have duties to tenants; the tenant's ability to move out does not negate the landlord's duty to maintain the property.
- C. While inspection is part of maintaining safe premises, the issue here is a known, reported defect, not merely latent.
- D. A duty to warn is insufficient when the landlord has control over the defect and can repair it; a duty to repair/maintain is also present.
Landlord's Duty to Tenants
Landlords generally owe a duty to tenants to maintain the premises in a reasonably safe and habitable condition.
- Includes duty to repair known defects.
- Especially applies to common areas or defects impacting habitability.
- May vary by jurisdiction (e.g., implied warranty of habitability).
Memory trick: Safe Homes Require Landlord Care.