Borders v. Roseberry

Supreme Court of Kansas · 1975 · Torts

532 P.2d 1366 (1975)

Updated July 23, 2026

TortsLandlord liabilityPremises liabilitylandlord-tenantsocial guestlicensee of tenantdefective condition at time of leasenonliability of lessor

Facts

Defendant landlord owned a single-family house leased month to month to a tenant. Before the tenancy began, repairmen removed front roof guttering during remodeling and did not reinstall it; the landlord knew this, intended to replace it, and knew that without the guttering water drained onto the front porch steps and froze in cold weather. The tenant also knew of the missing guttering and resulting icy condition and had complained to the landlord. Plaintiff, a social guest invited by the tenant, slipped on ice on the front steps while leaving the house and was injured.

Issue

Is a landlord of a single-family house liable to the tenant's social guest for injuries caused by an icy condition on the front steps that resulted from a defective condition existing when the tenant took possession, where the tenant knew of the condition? More specifically, did the landlord owe a duty to repair or remedy that known condition under these circumstances?

Rule

When a landlord leases land and surrenders possession and control to the tenant, the landlord is generally not liable to the tenant or others entering the land for defective conditions existing at the time of the lease. Liability exists only if one of the recognized exceptions applies; as relevant here, the negligent-repairs exception applies only when the lessee neither knows nor should know that repairs were not made or were negligently made.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Wichita, Nora Lively leased a single-family house to Daniel Perez for one year and turned over full possession and control. At the start of the lease, both Nora and Daniel knew that a cracked front walkway collected rainwater that turned slick in cold weather. Daniel's dinner guest, Elena Cruz, slipped on the walkway and sued Nora.

Is Nora most likely liable to Elena?

Explanation. The majority applied the general rule that when the lessor leases the premises and surrenders possession and control, the tenant as possessor bears the initial responsibility for safe maintenance. The lessor is generally not liable to the tenant or others entering the land for defects existing at the time of the lease unless a recognized exception applies. Here, the defect existed at the start of the lease and both landlord and tenant knew of it, so the baseline rule points against liability.