George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction: DC (municipal)
Effective Date: 1983-02-25
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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The Restatement test, applicable under either negligence or warranty theory, is whether the landlord “could have known” of the condition “in the exercise of reasonable care.” Restatement, supra, § 17.6, Comment c. The landlord, of course, will be deemed at all times to have notice of defects in common areas that he or she controls. See Restatement, supra, § 5.5(2). Moreover, as indicated earlier, the landlord traditionally has been chargeable with knowledge of all conditions existing at the time the tenant took possession, when the landlord was exclusively in control. Id. § 17.6, Comment c; Old Town Development Co., supra, 349 N.E.2d at 775-76. But see note 3 supra. In situations arising after the tenancy has begun, the constructive notice test is the same, but the landlord will have less of an opportunity to discover the defect, see Restatement, supra, § 17.6, Comment c, and thus will be less vulnerable to liability unless, as in the case of common areas, the landlord retains responsibility for, or access to, the area or facility where the defect arises.

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