Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction: Kentucky (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/5448835/joiner-v-tran-p-properties-llc/ ↗

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Here, the circuit court determined that because the Joiners were aware of the mold, the defendants’ duty was limited to repairing the condition, which had been done. The circuit court relied upon this Court’s opinion in Miller v. Cundiff, 245 S.W.3d 786, 789 (Ky. App. 2007), to support its position: “At common law, the breach of a repair agreement does not extend the landlord’s liability beyond damages outside of the reasonable contemplation of the parties.... [T]he remedy for breach of a duty to repair is limited to the cost of repair.” (Internal citations omitted.) This Court extensively considered the same issue in True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23, 25-26 (Ky. App. 2011), in which we specifically considered a landlord’s liability to his tenant for personal injuries incurred on the rented property:

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