Gore v. People's Savings Bank, 235 Conn. 360 (1995)

Citation: Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Parent Document: Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Jurisdiction: Connecticut (state)
Effective Date: 1995-10-10
Original Source: https://www.courtlistener.com/opinion/7896280/gore-v-peoples-savings-bank/ ↗

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*374Furthermore, we have recognized that, at common law, “ ‘there is no implied warranty of habitability given to a tenant, but rather, he takes the premises as he finds them and bears the risk of any defective conditions which are within the area under his exclusive possession and control. . . . “This rule, however, does not apply to defects which are the result of faulty design or disrepair and which existed at the beginning of the tenancy, were not discoverable by the tenant on reasonable inspection, and were known, either actually or constructively, to the landlord.” ’ Thomas v. Roper, [162 Conn. 343, 349-50, 294 A.2d 321 (1972)].” Johnson v. Fuller, 190 Conn. 552, 558, 461 A.2d 988 (1983). Thus, as a matter of common law, although landlords owe a duty of reasonable care as to those parts of the property over which they have retained control, landlords generally “[do] not have a duty to keep in repair any portion of the premises leased to and in the exclusive possession and control” of the tenant. Thomas v. Roper, supra, 348; accord Pollack v. Gampel, 163 Conn. 462, 468, 313 A.2d 73 (1972); Dinnan v. Jozwiakowski, 156 Conn. 432, 434-36, 242 A.2d 747 (1968). Thus, as a matter of common law, a tenant’s claim for injuries caused by lead-based paint in the apartment would depend upon proof of control and actual or constructive notice of the conditions giving rise to the defective conditions caused by the lead-based paint. See Cruz v. Drezek, supra, 175 Conn. 235; McCrorey v. Heilpern, supra, 170 Conn. 221; White v. E & F Construction Co., supra, 151 Conn. 112-13. Other courts have similarly concluded that a landlord’s liability for damages caused by lead-based paint depends on proof of notice to the landlord. See, e.g., Garcia v. Jiminez, 184 Ill. App. 3d 107, 112, 539 N.E.2d 1356, appeal denied, 127 Ill. 2d 615, 545 N.E.2d 109 (1989) (“[landlord’s] actual or constructive knowledge of the [lead paint] is required to establish liability”); Brown v. Marathon Realty, Inc., 170 App. *375Div. 2d 426, 427, 565 N.Y.S.2d 219 (1991) (“incumbent on the plaintiffs ... to lay bare their proof as to the [landlord’s] actual or constructive notice of the [lead paint]”); Winston Properties v. Sanders, 57 Ohio App. 3d 28, 29-30, 565 N.E.2d 1280 (1989) (“must be shown that [landlord] had notice of the defective condition of the premises or that [tenant] attempted to notify appellee of the existence of lead-based paint”).

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