Section 13.39 Latent Defect on Premises at Time of Letting

• Library: Tort Law 2016

1. (§13.39) Latent Defect on Premises at Time of Letting

This exception applies only to latent defects existing on the premises at the time of letting. To fall under this exception:

· the particular defect must be one involving an unreasonable risk of harm to the tenant;

· the landlord must either have known of the existence of the defect or had actual knowledge of such facts from which the landlord ought to have known or will be presumed to have known of the defect; and

· the landlord must have failed to warn the tenant of the defect.

Reckert v. Roco Petroleum Corp., 411 S.W.2d 199 (Mo. 1966); Spencer v. Crow Enters., Inc., 636 S.W.2d 369 (Mo. App. E.D. 1982). But a landlord does not have an obligation to examine the premises to determine whether there are any hidden or concealed defects. Therefore, it is error to instruct a jury that a plaintiff is entitled to a verdict should the jury believe that the landlord could have discovered the existence...