Is a Landlord Required to Provide a Smoke Alarm Under Doctrine of Implied Warranty of Habitability?

Posted By Cliff Tuttle | June 23, 2016

No. 1,264

ECHEVERRIA v. HOLLEY, 2016 PA Super. 119 (filed June 9, 2016).

Summary:  Failure of Landlord to provide a working fire detector may support either a contract claim under doctrine of warranty of habitability or a tort claim though negligence.

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A fire at a two-unit residential property claim the lives of three individuals.

In reviewing the order below granting summary judge on both tort and contract claims, the Superior Court stated: “In Pennsylvania, it is well settled that landlords owe a duty to protect tenants from injury or loss arising out of a negligent failure to maintain a rental property in a safe condition. Feld v. Merriam, 485 A.2d 742, 745 (Pa. 1984). A tenant seeking to recover damages stemming from the condition of a rental party may pursue claims sounding in ordinary negligence or a breach of the implied warranty of habitability “

“Appellants argue in their first issue that the trial court erred in sustaining preliminary objections to their common law claim alleging that defendants negligently failed to install smoke detectors at the property. Specifically, Appellants contend that the trial court erroneously held that a Pennsylvania landlord’s duty to protect tenants from dangerous conditions did not extend to the installation of smoke detectors. We agree.”

 “In Pennsylvania, it is well settled that landlords owe a duty to protect tenants from injury or loss arising out of a negligent failure to maintain a rental property in a safe condition. Feld v. Merriam, 485 A.2d 742, 745 (Pa. 1984). A tenant seeking to recover damages stemming from the condition of a rental party may pursue claims sounding in ordinary negligence or a breach of the implied warranty of habitability. We discuss both of these theories below.”

The implied warranty of habitability, the Court stated, is reflected in the Restatement of Property (Second) § 17.6 comment a., b., ac (1977), which represents the modern weight of authority.

“Landlord Under Legal Duty to Repair Dangerous Condition

A landlord is subject to liability for physical harm caused to the tenant or his subtenant by a dangerous condition existing before or arising after the tenant has taken possession, if he has failed to exercise reasonable care to repair the condition and the existence of the condition is in violation of

(1) an implied warranty of habitability;

or

(2) a duty created by statute or administrative regulation”

A warranty of habitability claim is a contract claim, for which contract damages and not tort damages are available.  This includes termination of the obligation to pay rent and contract termination when the premises are surrendered, plus the remedies of repair and deduct and specific performance.  However, the Court went on to say that the complaint may have alleged sufficient facts to hold the defendants liable for tort damages arising from the failure to correct a dangerous condition.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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