Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation: Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document: Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction: California (state)
Effective Date: 1985-04-29
Original Source: https://www.courtlistener.com/opinion/1172788/becker-v-irm-corp/ ↗

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*463 Developments in the law of landlord liability for injuries due to defective condition of the demised premises have not lagged far behind. The traditional common law rule was that a landlord is not liable to the tenant for injuries due to a defective condition or faulty construction of the demised premises in the absence of fraud, concealment or covenant in the lease. (E.g., Del Pino v. Gualtieri (1968) 265 Cal. App.2d 912, 919-920 [71 Cal. Rptr. 716]; Forrester v. Hoover Hotel & Inv. Co. (1948) 87 Cal. App.2d 226, 232 [196 P.2d 825].) The rule was not only based on traditional property concepts and caveat emptor but also on the landlord's lack of possession and control. (E.g., Brennan v. Cockrell Investments, Inc. (1973) 35 Cal. App.3d 796, 799-801 [111 Cal. Rptr. 122].) A number of exceptions have developed to the rule of landlord nonliability  where the landlord voluntarily undertakes to repair, where the landlord had knowledge of defects, where a safety law was violated, where the landlord retained a part of the premises for common use, and where the lease was for a semipublic purpose. (3 Witkin, Summary of Cal. Law (8th ed. 1973) pp. 2135-2136.)

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