A landscaper was injured by explosives brought onto the property by a tenant of the property’s owner. The trial court entered summary judgment in favor of the owner of the residence. On appeal, the plaintiff contended a month-to-month tenancy provides the landlord the right to enter and inspect the property at periodic intervals. The Court of Appeal noted that, while there are exceptions, public policy precludes landlord liability for a dangerous condition on the premises which came into existence after possession had passed to a tenant. In affirming, the appellate court stated it was undisputed the landlord knew nothing about the explosives, and that the plaintiff presented no evidence giving rise to a triable issue of fact about whether the landlord had a reason to know an inspection was necessary. (Garcia v. Holt (Cal. App. Fourth Dist., Div. 1; November 23, 2015) 242 Cal.App.4th 600.)No Landlord Liability For Unknown Dangerous Condition Brought Onto Premises By Tenant.
A landscaper was injured by explosives brought onto the property by a tenant of the property’s owner. The trial court entered summary judgment in favor of the owner of the residence. On appeal, the plaintiff contended a month-to-month tenancy provides the landlord the right to enter and inspect the property at periodic intervals. The Court of Appeal noted that, while there are exceptions, public policy precludes landlord liability for a dangerous condition on the premises which came into existence after possession had passed to a tenant. In affirming, the appellate court stated it was undisputed the landlord knew nothing about the explosives, and that the plaintiff presented no evidence giving rise to a triable issue of fact about whether the landlord had a reason to know an inspection was necessary. (Garcia v. Holt (Cal. App. Fourth Dist., Div. 1; November 23, 2015) 242 Cal.App.4th 600.)