MBE Rules · Real Property
Landlord Tort Liability
Landlord tort liability
The rule
Landlords are liable in tort for latent defects known and undisclosed, common areas, negligent repairs, premises leased for public admission, and (modern trend) foreseeable criminal attacks where prior similar incidents made the risk foreseeable.
In plain English
Landlords can be held responsible for injuries that occur on their property due to hidden defects they know about but haven't disclosed, unsafe common areas, or if they fail to make necessary repairs. They are also liable if they lease property to the public and if they could have foreseen criminal attacks based on prior incidents.
Worked example
A landlord knows that the staircase in a common area has a loose railing but does not fix it or inform tenants. One tenant falls and injures themselves because of the railing. The landlord is liable for the tenant's injuries due to the known defect.
Memory hook
Landlords must disclose hidden dangers or face the consequences!
The trap
Exams may include scenarios where a landlord claims ignorance of a defect, but if they had prior knowledge or should have known, they can still be liable. Watch for clues about prior incidents or common area conditions.
How examiners test it
Questions often present fact patterns involving injuries in common areas or hidden defects, requiring candidates to identify the landlord's knowledge and the nature of the defect.
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