Lessor And Lessee

A.

Duties of a Real Estate Lessee

1.
Liable for all damages caused on the property as an owner would be.

2.
Not liable for any harm caused in common areas.

B.

Duties of a Real Estate Lessor

1. Generally, liability is passed from a lessor to a lessee.

Exceptions:

a.
A lessor is liable for a defect present at the start of a lease which the lessor knows or should know of, and that a lessee has no reason to know of. This does not mean the lessor has a duty to inspect, but rather a duty to warn.

b.
A lessor is liable if the lessor knows the property will be open to the public and a defect exists when a lessee takes possession. A lessor in this case has a duty to inspect.

c.
A lessor is liable for any damages that result from an act the lessor voluntarily performs that is done negligently.

d.
A lessor is liable for a negligently repaired defect that the lessor is required to repair in the lease.

e.
A lessor is liable for damages which result from the lessor’s improper maintenance of common areas.

2. A lessor’s duty is to the lessee and the lessee’s guests and licensees.