Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶34 Post argues that he cannot be liable under the common law latent defect theory. Martini does not address this theory of liability in his brief. Generally, under common law a landlord has no duty to repair noncommon areas absent an express covenant to repair. Aspon v. Loomis, 62 Wn. App. 818,826,816 P.2d 751 (1991). A landlord is subject to liability, however, for harm to the tenant (1) caused by latent or hidden defects in the leasehold (2) that existed at the commencement of the leasehold (3) of which the landlord had actual knowledge and (4) of which the landlord failed to inform the tenant. Frobig v. Gordon, 124 Wn.2d 732, 735, 881 P.2d 226 (1994).

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