Caveat Who: A Review of the Landlord/Tenant Relationship in the Context of Injuries and Maintenance Obligations
![handle is hein.journals/ualr35 and id is 1087 raw text is: CAVEAT WHO?: A REVIEW OF THE LANDLORD/TENANT
RELATIONSHIP IN THE CONTEXT OF INJURIES AND
MAINTENANCE OBLIGATIONS
Jerald Clifford McKinney, I1
Bad things happen. People make mistakes. Evil exists in the world, as
does stupidity, which may be the superlative source of many tort and con-
tract claims. Claims of liability will inevitably arise in the landlord/tenant
relationship. This article will explore the liability of a landlord in Arkansas
when a tenant, guest of a tenant, or a third party claims injury. It will also
look at the obligations of landlords to maintain leased premises as well as
examine how language in a lease agreement (or the lack thereof) can affect
the liability and responsibilities of the parties. This article will try to answer
whether the landlord/tenant relationship in Arkansas should still be viewed
as truly caveat lessee, which will include examining the Arkansas General
Assembly's codification of the caveat lessee doctrine. Where applicable,
this article will discuss distinctions between commercial and residential ten-
ancies.
Before proceeding, it may be helpful to reveal a little of the author's
background. My background is that of a lease drafter, representing both ten-
ants and landlords mostly in the commercial context. I write leases-I do
not litigate tort claims. Consequently, the aim of this article is to explore the
contractual and practical liabilities and obligations of the parties as opposed
to creating a how to handle a tort claim guide.
Caveat lessee means lessee beware and provides that the leased
premises are taken as is unless the lease agreement specifies otherwise.'
The doctrine means, absent fraud or an express provision in the lease, the
landlord [has] absolutely no obligation to repair or maintain the leased
premises.2 As stated by one court, The tenant hires at his peril, and a rule
similar to that of caveat emptor applies, and throws on the lessee the respon-
* Cliff McKinney is a managing member at the Little Rock law firm of Quattlebaum,
Grooms, Tull & Burrow PLLC and also teaches as an adjunct professor at the University of
Arkansas at Little Rock William H. Bowen School of Law. The author would like to thank
Professor Lynn Foster of the Bowen School of Law for her invaluable insight and advice on
this article.
1. Corey Mostafa, The Implied Warranty of Habitability, Foreseeability, and Landlord
Liability for Third-Party Criminal Acts Against Tenants, 54 UCLA L. REv. 971, 975 (2007).
2. Brian A. Montague, Exculpatory Clause in Residential Lease Absolving Lessor of
Tort Liability for Common Areas is Void as Against Public Policy, 52 Miss. LJ. 913, 915-16
(1982).
1049](ViewImageLocal?handle=hein.journals/ualr35&div=44&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Caveat Who: A Review of the Landlord/Tenant Relationship in the Context of Injuries and Maintenance Obligations
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most