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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tucker v. Hayford, 118 Wash. App. 246 (2003)

Citation
Tucker v. Hayford, 118 Wash. App. 246 (2003)
Parent Document
Tucker v. Hayford, 118 Wash. App. 246 (2003)
Jurisdiction
Washington (state)
Effective Date
2003-09-04

Other Sections in This Document (51)

Full Text

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Traditional Common Law Landlord Liability. Common law landlord liability requires a showing: “ ‘(1) latent or hidden defects in the leasehold (2) that existed at the commencement of the leasehold (3) of which the landlord had actual knowledge (4) and of which the landlord failed to inform the tenant.’ ” Frobig v. Gordon, 124 Wn.2d 732, 735, 881 P.2d 226 (1994) (quoting Younger v. United States, 662 F.2d 580, 582 (9th Cir. 1981)). The landlord need not discover obscure defects or dangers, nor does the law impose any duty to repair defective conditions. Aspon v. Loomis, 62 Wn. App. 818, 826-27, 816 P.2d 751 (1991). A “landlord is liable only for failing to inform the tenant of known dangers which are not likely to be discovered by the tenant.” Id. at 827.