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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)

Citation
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Parent Document
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Jurisdiction
Minnesota (state)
Effective Date
2019-04-29

Other Sections in This Document (34)

Full Text

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Minnesota follows the common-law rule that landlords are generally not liable and have no duty of care to tenants for damages caused by defective conditions on the premises. Gradjelick v. Hance , 646 N.W.2d 225, 231 (Minn. 2002). There are several exceptions to the general rule for landlords, depending on whether the landlord (1) knows of or should have known of a hidden dangerous condition on the premises, and the tenant, in exercising due care, would not have discovered it for himself, Johnson v. O'Brien , 258 Minn. 502, 105 N.W.2d 244, 245 (1960) ; (2) retains possession and control over an area intended for the common use of the tenants (the "common-area" exception), Gradjelick , 646 N.W.2d at 231 ; (3) has leased the premises for purposes involving admission to the public, Broughton , 378 N.W.2d at 135 ; or (4) has willingly undertaken repairs to the premises but does so negligently, White v. Many Rivers W. Ltd. P'ship , 797 N.W.2d 739, 744 (Minn. App. 2011).